Mark Tabakman

The FLSA regulations on training time are very specific and, often, hard for an employer to comply with.  There are four conditions precedent for such time to be non-compensable and

Continue Reading FLSA Class Action Settlement Illustrates Strictness Of Regulations On Training Time

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?