I have blogged about some USDOL initiatives of late and see they are picking up some momentum with further developments coming down the line. The agency is going to revise
Continue Reading What The New DOL Rulings/Regulations May Bring?
Information/Records Request on OT Rule Is Being Delayed by USDOL—Why?
A group that monitors government activities sued the U.S. Department of Labor last year seeking records related to the agency’s position and work on the new overtime rules and the
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Regulatory Agenda of Trump Administration Indicates Significant DOL Changes
The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of
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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
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Donning and Duffing Cases Keep Happening: The Danger of Off-The-Clock Activities
Working time cases come in all sizes and shapes. Many of these off-the-clock cases are so-called donning-and-duffing cases involving clothes changing for work and whether it is compensable. The U.S.
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USDOL Voluntary Compliance/Self-Audit Program Leaves Uncertainty
The U.S. Department of Labor has announced a new self-audit program that allows employers to avoid litigation by “turning themselves in.” This is drawing some praise but there are a
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Recordkeeping Violations Spell a Real Problem for Employers
Accurate records are extremely important for employers. The employer must record the employees’ start time, when they took lunch, and when they leave at the end of the day. That
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New Intern Test Announced By USDOL: Definitive Guidance?
I have blogged many times about the rash of intern cases that have popped up over the last few years. Now maybe there will be a consistent, uniform test for
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Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant
There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can
Continue Reading Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant
Save Local Business Act Passes House: Legislative Narrowing of a Judicial Doctrine
I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand
Continue Reading Save Local Business Act Passes House: Legislative Narrowing of a Judicial Doctrine