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