Mark Tabakman

I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of

Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)

When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a

Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action

I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status.  Well, my fear

Continue Reading Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”

There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval.  There have been some courts that have ruled that parties

Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention

Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of

Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!