I do a lot of wage hour defense and one of the threats I constantly come up against is a Department of Labor telling me that the owner of the
Continue Reading Personal Liability For Wage Hour Violations: What’s In A Word—Answer- A Lot!
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
When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York Law
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!
Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
Uber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus
Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
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)
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling Trend
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