Misclassification

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?

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

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
Continue Reading Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon

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
Continue Reading Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court

Many times, plaintiff lawyers will try to file FLSA class actions as nationwide lawsuits so the size of the class and potential recovery can be magnified geometrically.  Well, that just
Continue Reading Nationwide FLSA Class Action Fails Because Out-of-State Plaintiffs Are Not Sufficiently Connected to State Where Lawsuit Filed: A New Defendant Strategy Pays Off!

The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that
Continue Reading Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side