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?
Misclassification
FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
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
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
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…
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Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon
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
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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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!
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…
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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…
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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