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The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers.  Many of

Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?

When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a

Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action

Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!

I have defended many claims and lawsuits involving working time, especially travel time.  Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours. 
Continue Reading Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty

There is a tripartite test for independent contractor under the New Jersey Unemployment Compensation statute (and many other States), the so-called “ABC” test.  Under this test, services performed by an
Continue Reading The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers