In restaurants and diners, an employer may take a tip credit against the minimum wage. That means that the employer pays a wage of $2.13 per hour to the employee and hopes/anticipates that the employee will derive a sufficient number of tips, per hour, to equal or exceed the minimum wage. Often times, waiters and
New Jersey
Third Circuit Certifies Independent Contractor Question to New Jersey High Court
By Mark Tabakman on
There must be something in the air! I have just posted the other day about a New Jersey initiative to expand the reach of independent contractor misclassification to the trucking industry and now the Third Circuit has certified a question to the New Jersey Supreme Court on this very issue. The Circuit has asked the…
What Employers Should Know About Vacation Pay
By Fox Rothschild LLP on
Do employers need to pay employees for accrued vacation time upon termination? This is a question without a simple answer, and one that has been heavily litigated over the past several years. Unlike most wage and hour issues, the Fair Labor Standards Act does not address this concern. Rather, the payout of vacation time has…
Crackdown on Allegedly Misclassified Independent Contractors Continues: New York Joins The Club
By Mark Tabakman on
In an October 28, 2010 posting in the New York Labor and Employment Report, Joseph Dole comments on a new law that took effect in New York State on October 26, 2010. That law, entitled the Construction Industry Fair Play Act, creates a presumption in the construction industry that all workers are statutory employees, not…