The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?
I am very interested in travel time cases. There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel. In an interesting case
Continue Reading Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?
What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not
Continue Reading Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?The Proposed Davis-Bacon Act Regulations: The Dichotomy Between Management And Labor
There has been an initiative to revise the Davis Bacon Act (“DBA”) regulations and I have been following this closely as the DBA (and prevailing wage work) have always been
Continue Reading The Proposed Davis-Bacon Act Regulations: The Dichotomy Between Management And LaborBusiness Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
I am always interested in administrative exemption cases because they are the hardest to prove for an employer. In an interesting case that illustrates the parameters of this exemption, the
Continue Reading Business Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor
Continue Reading Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!
Last week, I blogged about a lawsuit where the allegations were that the Company failed to pay properly and record time properly, due to its involvement in the Kronos Hack
Continue Reading Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!
Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000
Continue Reading Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
A New Twist On A FLSA Class Action—The Kronos Hack Made Me Do It!
I have defended all manner of class actions, exemption, working time, independent contractor, but this case is a novel twist on that theme. A group of employees is suing a
Continue Reading A New Twist On A FLSA Class Action—The Kronos Hack Made Me Do It!
Summer Means Child Labor Issues Abound—Employers Need To Be Smart And Proactive
As we enter summer, many teenagers will be looking for work. I know that New Jersey (and I daresay many, if not all, other States) takes the safety and protection
Continue Reading Summer Means Child Labor Issues Abound—Employers Need To Be Smart And Proactive