There has been a lot of talk about how much more pro-business the U.S. Department of Labor was going to be under this Administration.  Well, appearances can be deceiving, as a report has just come out indicating that the agency collected in excess of $322 million last year for workers who did not receive proper

The truth is that cannabis has now become (and continues to become) big business and the issue of regulation, much, none or in the middle, is now coming to the forefront in legal circles.  Many firms (my own included) have cannabis practice groups and are advising companies in this burgeoning field about the rules of

Many times, plaintiff lawyers will try to file FLSA class actions as nationwide lawsuits so the size of the class and potential recovery can be magnified geometrically.  Well, that just got a little harder to do as a federal judge rejected an attempt by a group of Outback Steakhouse front-of-house managers to continue as a

I have defended many claims and lawsuits involving working time, especially travel time.  Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours.  These efforts often fail, as illustrated by a recent case where Chicago police officers sought pay for transporting and storing their guns and then retrieving

It has finally happened! The USDOL has announced that it is setting the new exempt salary threshold for the “white collar” exemptions at about $35,000, about $700 per week.  The exact salary is $35,368 annually.  This is far lower than the Obama-proposed $47,000 per annum, almost $900 per week.  The new salary level takes take

Employees of cannabis companies have the same rights as workers who are employed by any other entity.  A California cannabis company knowingly withheld wages, meal breaks and rest periods from its employees, according to a lawsuit filed by a former worker who accused the company and a separate marketing firm of violating state labor laws. 

I read a very interesting article in the Epstein Becker Wage & Hour Defense Blog, whose sentiments I wholeheartedly agree with.  It concerns the issue of attorney fees for plaintiff lawyers in FLSA/wage cases.  The blog post notes that often, these lawyers get big dollar fee awards, while the allegedly victimized people they represent get

The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their application to particular situations often is difficult. A recent example of this tenet has just emerged in a case

The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law.  I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act and a number of state prevailing wage, but there