Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnightContinue Reading Change Of Hours Has FLSA Implications For Overtime
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by…Continue Reading The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was…Continue Reading A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards…Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing…Continue Reading Third Circuit Clarifies The Meaning Of “Integral and Indispensable” Test In Preliminary/Postliminary Working Time Cases: Employers Beware!
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or…Continue Reading Another State Enacts Legislation To Protect Independent Contractors: A Quickening Trend
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in…Continue Reading The Murky FLSA Administrative Exemption Gets Clarification From The First Circuit, If Such A Thing Is Possible?
I have written about the collaborative arrangements, information sharing arrangements, that the USDOL has entered into with state DOLs and how that is a dangerous portent for employers. Well, the…Continue Reading More Interagency Cooperation–Arrangement Between USDOL and The EEOC Will Increase Scrutiny Of Employers!
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up…Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers
I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law. The proposed rule…Continue Reading USDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!