There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that partiesContinue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of…Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!
As I have written numerous times, the administrative exemption is the grayest and most difficult for an employer to prove The tension between whether duties involve skill and experience or…Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions
I do a lot of prevailing wage defense and am always interested in developments in this nuanced area of wage-hour law. I have noticed a trend lately that States (e.g.Continue Reading New Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!
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?
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?
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?
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 Labor
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
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