In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine.  That doctrine allows more than one employer to be liable for employee damages (e.g. overtime, back wages) if the employers are found to co-determine employee terms and conditions

I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry.  The employer seeking the advice posed three scenarios and wanted answers about the foremen and the laborers that also ride in the trucks.  In this installment, I look at the issue of compensable time

I have stated many times that I am pleased that the USDOL has taken again to issuing Opinion Letters which guide employers in complying with the Fair Labor Standards Act.  I am particularly happy that the agency has issued an Opinion Letter dealing with travel time issues in the construction industry, as these issues are

Are two lawsuits better than one?  Not for the employer, I can tell you that.  A very interesting case is working its way through the federal courts now, where the US Department of Labor wants to take over a private lawsuit that has been filed alleging Fair Labor Standards Act violations.  The government is contending

If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors.  In an offbeat case, this has occurred to a company that utilized medical interpreters.  The case is entitled In Re: Ingrid L. Vega, d/b/a Professional Interpreters of Erie v. Commonwealth of Pennsylvania

In an off-beat case that revolved around the IRS twenty-factor test for independent contractor, an appellate court in Missouri has affirmed the state Labor Commission ruling that caretakers working for a pet sitting company were statutory employees, rather than independent contractors. The case is entitled 417 Pet Sitting LLC v. Division of Employment Security,

I have defended many cases in which the employee(s) claim they worked through lunch and are owed wages (or, usually, overtime).  These cases are usually difficult to defend unless the employer either compels employees to punch out and in for lunch or has another kind of fail-safe mechanism to account for this time, if legitimately

Over these last years, there have been a number of lawsuits by domestic employees against their employers and I have defended some of those.  They present a unique kind of case as these domestic servants are usually on very close terms with their employers, not the typical employer-employee relationship, but then, something happens and it