When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
Misclassification
Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
By Mark Tabakman on
The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in…
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New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor Misclassification
By Mark Tabakman on
I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note,…
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Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA
By Mark Tabakman on
The New York City restaurant industry has, over the last several years, been hit with a flood of lawsuits. Many of these have focused on illegal tip pools but many…
Continue Reading Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA
New Jersey Tightens Up Already Stringent Independent Contractor Enforcement Hammers: Is There No End In Sight?
By Mark Tabakman on
I have often blogged about the very enforcement-oriented stance of the Murphy Administration and the New Jersey Department of Labor (“NJDOL”). Well, I have now even more evidence. On July…
Continue Reading New Jersey Tightens Up Already Stringent Independent Contractor Enforcement Hammers: Is There No End In Sight?
FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
By Mark Tabakman on
There are certain industries or fields where misclassification issues are prevalent because the nature of the duties of the workers “seems” to smack of exempt work but then there is…
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Company Asserts Novel Defense In Fighting FLSA Independent Contractor Misclassification Action
By Mark Tabakman on
When people are employees, the deductions that may be made from their wages are limited and many items that would be classified as employer business expenses cannot be deducted from…
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New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
By Fox Rothschild LLP on
The State of New Jersey (and many other states) has started to tighten up laws regarding independent contractor status. One troubling component (to management-side practitioners and employers alike) of this…
Continue Reading New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon
By Mark Tabakman on
There have been a host of wage hour cases in the energy industry and I have often commented upon these. Many concern misclassification issues and another example of this phenomenon…
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Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court
By Mark Tabakman on
I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation…
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