As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions
Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!
I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor
Continue Reading The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!
I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to
Continue Reading Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification
In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed
Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary DutyWhen 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!
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
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
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,
Continue Reading New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor Misclassification
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
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?
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
Continue Reading FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions