I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer
Continue Reading Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”
One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in
Continue Reading Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!
In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary
Continue Reading In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!
My partner Glenn Grindlinger has written a thoughtful piece on the establishment of the new salary levels for the Part 541 white collar exemptions under the Fair Labor Standards Act.
Continue Reading USDOL Exemption Salary Level Becomes Final Shortly–We’ll See?
There have been a number of cases, in different jurisdictions, involving whether time spent undergoing security checks is compensable time. One issue involved is whether the activity is for the
Continue Reading Another Security Check Point Case: Compensable Or Not?
Travel time cases that center around what is/is not home-to-work travel can be very tricky and nuanced. This is especially so when employees have to first meet at a staging
Continue Reading Travel Time Class Action Tests “Meeting Place” Or “Staging Point” Issue In Home-to-Work Lawsuit: Compensable?
I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption
Continue Reading Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity
As Spring is here and people will be outside playing sports, I find it exhilarating to be able to blog on a sports-related wage-hour issue. One, amazingly, that has gone
Continue Reading Golf Playing Volunteers Want Pay For Teeing Off: Eleventh Circuit Hands Them A Bogey!
There is a good deal of confusion regarding the proper treatment of domestic employees for wage hour purposes. Well, the New Jersey Legislature has sought to address some of these
Continue Reading New Law Addresses Wage Hour Issues For New Jersey Domestic Workers
I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower
Continue Reading The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?