I have blogged about this Helix case on previous occasions and have been following it. Well, the Supreme Court just ruled that no matter how highly compensated a worker is, part of that compensation must be a “salary” for a Part 541 exemption to apply. My colleagues have, in an insightful article, captured the essence
Wage & Hour - Developments & Highlights
Blog Authors
Latest from Wage & Hour - Developments & Highlights
Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?
I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces the disturbing possibility of paying (hundreds of) thousands of dollars for the plaintiff’s lawyers. What…
Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
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. …
New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
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…
Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!
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…
No Overtime On Overtime-Good Decision On Bonuses and OT Calculation
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…
Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins
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…
The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers
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…
Prevailing Wage Compliance Webinar: The Ins And Outs Of These Complicated Laws
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…
Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!
Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not connected to the main job as to be part of it (in the employer’s view) but under the FLSA, that may not be the case. …