The State of New Jersey (and many other states) has started to tighten up laws regarding independent contractor status. One troubling component (to management-side practitioners and employers alike) of this
Continue Reading New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
Fox Rothschild LLP
USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!
The USDOL has been pretty busy lately issuing new rules and interpretations about FLSA issues, including vague, nuanced issues like the inclusion (or not) of bonuses in the regular rate…
Continue Reading USDOL Clarifies the Fluctuating Work Week Method of Paying Overtime and Its Relationship to Provision of Bonuses: Keep Those Interpretations Coming!
Pandemic Instigates First of (Probably) Many Lawsuits on Wage Payment
Well, here we are, still in the midst of this horrible COVID-19 pandemic, staying home, scared to go out, wearing masks and gloves, but yet, the first lawsuit(s) involving virus…
Continue Reading Pandemic Instigates First of (Probably) Many Lawsuits on Wage Payment
Cutting Exempt Employee Salaries for Slowdowns Resulting From Virus Is Legal—But Be Very Careful!
The Corona Virus scare is causing employers to lay people off and reduce their hours. For non-exempt, hourly people this is fairly easy, from a legal perspective, because if non-exempt…
Continue Reading Cutting Exempt Employee Salaries for Slowdowns Resulting From Virus Is Legal—But Be Very Careful!
The New USDOL Joint Employer Test Makes It Easier to Avoid Such Status
The USDOL has finalized its new rule concerning when two entities can be deemed a joint employer and therefore liable for each other’s wage violations. Under the Obama administration, the…
Continue Reading The New USDOL Joint Employer Test Makes It Easier to Avoid Such Status
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
The New Jersey DOL is very aggressive on the issue of independent contractor status, i.e. the issue of misclassification. The latest, perhaps best (or worst) illustration of this view is…
Continue Reading New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors