My colleague, Ian Gillen, as authored a thoughtful and insightful article on a case that clarifies under New Jersey law when commissions are earned. There is a great deal of
Continue Reading When Are Commissions Earned-New Case Sheds Light (And A Good-By)
The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and
Continue Reading Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In
I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has
Continue Reading New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas Judge
I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer
Continue Reading Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action
I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in
Continue Reading Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!
I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it
Continue Reading Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a
Continue Reading How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action
The New Jersey Supreme Court just fixed a huge hole in New Jersey jurisprudence regarding the appropriate statute of limitations enacted into law by the Wage Theft Act of 2019.
Continue Reading New Jersey Supreme Court Sets The Law Right On Statute of Limitations
The world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now
Continue Reading New USDOL Wage Guidance On Use of AI: The New World Of Wage Regulation!
I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer
Continue Reading Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”