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!
The New Jersey Wage Theft Act was passed in August 2019. One of the things it did was stretch the statute of limitations from two years to six years. Since
Continue Reading New Jersey Appellate Decision Lengthens Statute of Limitations: Horrible
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 blogged about this Helix case on previous occasions and have been following it. Well, the Supreme Court just ruled that no matter how highly compensated a worker is
Continue Reading Supreme Court Holds A “Salary” Means A Salary For White Collar Exemptions
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Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?
Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
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!
One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as
Continue Reading No Overtime On Overtime-Good Decision On Bonuses and OT Calculation