My colleague, Ian Gillen, as authored a thoughtful and insightful article on a case that clarifies under New Jersey law when commissions are earned. There is a great deal of confusion over when commissions vest, as attested to by many cases. This case explores the issue of “supplementary incentives” as applies to the generic term
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Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In
The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and thus not subject to coverage. The Third Circuit has disagreed with that view and has set forth a test to determine the employee status (or…
New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas Judge
I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has, for the moment, come to an end as a federal judge in Texas issued an injunction blocking portions of the new rules. The Judge found…
Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action
I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging their lunch breaks were automatically deducted, yet they supposedly worked through their lunch breaks. The cases are entitled Baldwin v. McLaren Lapeer Region and…
Supreme Court Will Decide Burden Of Proof In FLSA Exemption Cases: A Monumental Decision On The Way!
I am fascinated by the case that the Supreme Court has announced it will take on. The Court will decide the proper evidentiary standard that an employer must meet in order to establish that employees are exempt under Part 541 of the FLSA regulations. What the Court decides will send shock waves throughout the employer…
Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?
I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it deems “independent contractors” under its workers’ compensation policy. This is tricky because if the employer covers such people, that could possibly be deemed an “admission”…
How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call centers, but to any/all employers who “order” workers to report early to boot up computers or…
New Jersey Supreme Court Sets The Law Right On Statute of Limitations
The New Jersey Supreme Court just fixed a huge hole in New Jersey jurisprudence regarding the appropriate statute of limitations enacted into law by the Wage Theft Act of 2019. My colleague, Ian Gillen, has written an insightful article analyzing this decision. See the link to it below,
The Takeaway
This is a great…
New USDOL Wage Guidance On Use of AI: The New World Of Wage Regulation!
The world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now the USDOL has reacted with guidance on the manners in which employers may/may not use AI. A few weeks ago (April 29, 2024) the Wage…
Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”
I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer, one of which is the issue of what trade or craft to pay particular workers, i.e., classification. There are close calls, and some are not. …