Mark Tabakman

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.”

One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation.  This trend is especially prevalent in

Continue Reading Will Employers Ever Learn?  Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary

Continue Reading In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!

Travel time cases that center around what is/is not home-to-work travel can be very tricky and nuanced.  This is especially so when employees have to first meet at a staging

Continue Reading Travel Time Class Action Tests “Meeting Place” Or “Staging Point” Issue In Home-to-Work Lawsuit: Compensable?

I am a big student of the FLSA motor carrier exemption and have handled many such cases.  I often find that a big obstacle for the employer claiming the exemption

Continue Reading Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity