I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only
Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?
Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey
Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues. I always tell them that they must comply with State
Continue Reading Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!
One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as
Continue Reading No Overtime On Overtime-Good Decision On Bonuses and OT Calculation
When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in
Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins
Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove. This is because such a worker does not usually
Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers
Compliance with federal and state prevailing wage laws entails understanding nuanced rules that can be stumbling blocks for unwary employers. The liability for noncompliance with prevailing wage laws can be
Continue Reading Prevailing Wage Compliance Webinar: The Ins And Outs Of These Complicated Laws
Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!
“The dog ate my homework” is a common refrain of school children throughout the ages. Well, there is an adult version of that scenario, such as in this case, where
Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs