Although Spring is almost here, many areas in the country are still being socked with winter storms.  When snowstorms hit and a business closes for the entire or part of the day, the issue often arises as to whether the workers get paid or whether they can be compelled to take vacation or PTO time. …

The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey Department of Labor.  But, evidently, there are exceptions to this otherwise ironclad rule.  An appellate court has just decided that this ABC test does not…

I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues.  I always tell them that they must comply with State law, which may (often) be stricter than the federal law and if they do not, and are sued in a State court, compliance with federal…

One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as Steven Gallagher aptly writes, a California court has endorsed that premise, rejecting a contrary position by the California DOL.

To read the full post, please…

When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in the notice that gets sent to putative class members.  Often, the Court will direct certain specifics to go in the notice and usually these instructions…

Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove.  This is because such a worker does not usually supervise anyone, which eliminates the executive exemption.  They are also, typically, not professional employees, e.g. lawyer, doctor, etc.  What is left is an exemption that…

Compliance with federal and state prevailing wage laws entails understanding nuanced rules that can be stumbling blocks for unwary employers. The liability for noncompliance with prevailing wage laws can be staggering because union wage rates on public projects are extremely high and labor departments often assess large penalties and fines for noncompliance.

Join me for…