Mark Tabakman

My colleague, Colin Dougherty, recently wrote about the U.S. Department of Labor’s proposed rule that would change whether a worker is determined to be an employee or an independent contractor

Continue Reading USDOL Set To Realign Independent Contractor Test: Old Wine In A New Bottle

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against.  Does that protection extend to someone who makes it known that they want to join

Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

I have often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of

Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)

When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a

Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action