When two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those
Continue Reading Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
Mark Tabakman
Follow: Read more about Mark Tabakman
New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?
By Mark Tabakman on
When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer…
Continue Reading New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?
In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
By Mark Tabakman on
I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that…
Continue Reading In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
By Mark Tabakman on
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”…
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?
By Mark Tabakman on
The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to…
Continue Reading When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?
Costco Wins Independent Contractor Case: Is The Tide (Hopefully) Changing?
By Mark Tabakman on
There are so many independent contractor cases that go against the employers that when one goes the other way, it is a big deal. That is what has just happened…
Continue Reading Costco Wins Independent Contractor Case: Is The Tide (Hopefully) Changing?
Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
By Mark Tabakman on
I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim…
Continue Reading Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues
By Mark Tabakman on
I have handled many commission cases, where someone sues, claiming they are owed commissions. The key issue in such cases is to determine if there is a written contract and…
Continue Reading Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues
Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
By Mark Tabakman on
The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an…
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
By Mark Tabakman on
The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing…
Continue Reading Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?