I have been praising the Opinion Letters which have, of late, been issuing from the US Department of Labor because, candidly, they are displaying a business friendly attitude, or should
Continue Reading Choice of Marty Walsh As Secretary of Labor Signals Huge Pendulum Swing
The USDOL has been issuing a slew of Opinion Letters of late, under the stewardship of Cheryl M. Stanton, Administrator of the Wage and Hour Division. Many of these deal
Continue Reading USDOL Issues Interesting Opinion Letter on Car Manufacturer Incentive Payments Use in Meeting Minimum Wage Requirements
Many wage-hour/overtime actions are brought against restaurants; this is, and has been for some time, a disturbing pattern. Coupled with this trend is the fact that it seems that this
Continue Reading Defeat of Restaurant FLSA Actions for Lack of Credible Evidence Is Encouraging!
The car wash industry is one that is subject to many alleged wage-hour issues (some might say abuses). A recent case illustrates this maxim. A car wash has just settled
Continue Reading Another USDOL Car Wash Lawsuit Highlights The Issues In That Industry
I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy.
Continue Reading A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
Jonathan Ash writes:
In what amounts to a victory for all employers throughout the State of New York, the
Continue Reading The Best Defense is a Strong Offense
Employers may make deductions for uniforms under the Fair Labor Standards Act but such deductions cannot take their wage rates under the minimum. Life Time Fitness just learned this truism.
Continue Reading Deductions Issues Require Scrutiny of Both Federal and State Laws
There is, as we all know, an insane amount of litigation on independent contractor issues. These controversies can emanate from any industry and there is no business that is
Continue Reading It’s Playoff Time For the Buffalo Jills: Cheerleaders Claim They Are Not Independent Contractors
Guess what? Wage suits are increasing. Hardly a surprise. A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from
Continue Reading Ho, Hum: The Number of Wage Suits Rises Again.
I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees. Recently, this Circuit overturned a lower court decision that granted conditional certification to
Continue Reading Interns Deemed Non-Employees By Second Circuit