Employees of cannabis companies have the same rights as workers who are employed by any other entity. A California cannabis company knowingly withheld wages, meal breaks and rest periods from its employees, according to a lawsuit filed by a former worker who accused the company and a separate marketing firm of violating state labor laws.
Plaintiff Attorney Fees in FLSA Cases: The Frustrating, Driving Force in These Cases
I read a very interesting article in the Epstein Becker Wage & Hour Defense Blog, whose sentiments I wholeheartedly agree with. It concerns the issue of attorney fees for plaintiff lawyers in FLSA/wage cases. The blog post notes that often, these lawyers get big dollar fee awards, while the allegedly victimized people they represent get
NJ Employer Wins Independent Contractor Case, Beats ABC Test
The New Jersey independent contractor test is one of the toughest for a putative employer to prevail upon. So, when an employer does do that, it is a great day for the employer community and that is what has happened in the case of a law firm who fought the UI claim of its paralegal,
Third Circuit Examines FLSA ‘Willfulness’ Standard: ‘Reckless’ vs. ‘Egregious’
The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their application to particular situations often is difficult. A recent example of this tenet has just emerged in a case
Prevailing Wage Class Action Dismissed for Failure to Allege “Public Work” Was Involved
The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law. I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act and a number of state prevailing wage, but there
New Jersey Wage Theft Act Beefs Up Penalties on Employers—A Lot!
The State of New Jersey has passed several laws in the wage-hour area that are definitely pro-employee, to say the least. The latest effort on this front is something quite special, or onerous, depending on which side you are on. The brand new, effective immediately, New Jersey State Wage Theft Act (WTA) geometrically adds to
New USDOL Secretary Will Be Big Booster of Business: Here Comes Deregulation
It seems that with the resignation of Secretary Acosta there is going to be a decidedly more pro-business posture for the agency. This is because Patrick Pizzella, who will take over, has let it be known that he will be “hitting the gas” according to Paul DeCamp.
The business community sought (and expected) a great
New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees. Sometimes, if those individuals are found to not be independent contractors, those “failures” come back oftentimes to haunt the employers. Another example of this phenomenon has happened in that a New Jersey appellate
Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these referees has agreed to settle with a group of these individuals for $260,000 to close out a FLSA action, based on misclassification. The
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!
Under the Trump Administration, there has been a return to the issuance of Opinion Letters which I have highly applauded. I also applaud the rather pro-employer stance that many of these Letters have reflected. Another example of both