There is a good deal of confusion regarding the proper treatment of domestic employees for wage hour purposes. Well, the New Jersey Legislature has sought to address some of these concerns in the New Jersey Domestic Workers’ Bill of Rights (S723/A822). This law specifically sets forth certain rules that employers must follow regarding their household
Wage & Hour - Developments & Highlights
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The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?
I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower the overtime costs if that person works overtime. This is a nuanced device and if the employer does not implement it correctly, the employer may…
Another Training Time Case Highlights The Issue Of “Compulsion.”
Under the FLSA, for training time to not be counted as working hours, there are specific conditions that must be met. If all four of these conditions are not met, then the time is compensable. These factors are: 1) no work can be done; 2) the participation must be truly voluntary; 3) the training must…
AI And The FLSA: (Maybe) Never The Twain Shall Meet!
There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain very restrictive rules about lawyers using AI, especially when submitting a brief to a court. Not every defendant or entity has the same cautious approach,…
What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House
There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption. This exemption applies to someone who works for someone, taking care of children (e.g., a nanny) or performing domestic chores, such as cooking and cleaning. …
How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!
The new salary threshold for exempt employees is coming soon. The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068 per year ($1059 per week). The salary level for Highly Compensated Employees (HCE) would also rise from the current $107,432 to $143,988. These change swill…
What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In
I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated if they fail to include certain payments and a lawsuit results. In an interesting case, firefighters and policemen could opt out…
USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)
My colleagues, Colin Dougherty and Lindsey Cook, wrote about the coming of a new USDOL independent contractor rule that would likely further hamper an employer’s ability to use individuals (e.g. consultants) as independent contractors. Now, the agency has issued that final rule and the results are as forecast by my colleagues. Read their informative and…
Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?
I have handled numerous prevailing wage cases, both Davis Bacon Act and State laws, and have come to understand that it often is a gray issue whether materials delivery and any concomitant work performed is/is not prevailing wage work. The correct answer, either way, means a great deal to the employers that are involved. A…
USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of Employers? Or Both?
The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the manner in which it assesses these violations, an initiative stemming from the recent headlines about the…