Mark Tabakman

Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to

Continue Reading Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL

The FLSA is very strict concerning proper deductions from exempt employee salaries.  Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees. 

Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!

I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps)

Continue Reading When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?

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Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

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!