Often, attorneys advise clients on FLSA issues, such as exemption issues. Then, a lawsuit ensues and the employer may want to use the defense that it relied in good faith
Continue Reading Disclosure of Attorney Client Communications and the “Good Faith” Defense: You Can’t Have Your Cake and Eat It!
Good Faith
USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status
The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology and its impact on these thorny…
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Court Refuses To Award Liquidated Damages in FLSA Collective Action Even After Finding Employer Did Not Pay Proper Overtime
What scares me the most about a USDOL audit or a FLSA lawsuit is the threat of liquidated damages. These damages, which double the wages due, are imposed almost routinely…
Continue Reading Court Refuses To Award Liquidated Damages in FLSA Collective Action Even After Finding Employer Did Not Pay Proper Overtime
Will New USDOL Compliance Office Help or Hurt Employers?—Time Will Tell
There is an old saying, “I’m from the government and I’m here to help you.” Everybody thinks that is funny as, often, the opposite is true, especially for the employer…
Continue Reading Will New USDOL Compliance Office Help or Hurt Employers?—Time Will Tell