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!
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
The New Jersey DOL is very aggressive on the issue of independent contractor status, i.e. the issue of misclassification. The latest, perhaps best (or worst) illustration of this view is
Continue Reading New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
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
Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
When will employers learn? They keep classifying retail Store Managers and Assistant Managers as exempt, when these workers are often misclassified, not intentionally, but because the nature of their duties
Continue Reading Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive
The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true
Continue Reading Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive
Converting Exempts To Non-Exempts Leave A Window Of Opportunity
When an employer realizes that a certain classification or number of employees has been misclassified as exempt, the employer may do the right thing and, henceforth, treat those people as
Continue Reading Converting Exempts To Non-Exempts Leave A Window Of Opportunity
Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
The issue of who is and who is not an independent contractor has exploded on the legal scene in recent years. Many agencies are honing in on this topic and
Continue Reading Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
Yet Another Assistant Manager Collective Action: Will They Never End?
I have often written about the scourge of Assistant Manager class actions. The employee category is particularly subject to this kind of lawsuit as these workers often perform some
Continue Reading Yet Another Assistant Manager Collective Action: Will They Never End?
NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
I have done a lot of independent contractor work in New Jersey, defended many such cases, from (numerous) unemployment audits to FLSA class actions. The New Jersey test, the A-B-C
Continue Reading NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same
Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape
Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the
Continue Reading Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape