Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight shifts. As clocks are set an hour back, people work
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by which wages due could be doubled or tripled. Since the
The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was confirmed to this post, by a small margin of the
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards Act case, especially an overtime case, that initial burden means
I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing, the appellate court laid out its framework for determining when
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or engagement. More States are passing laws addressing such matters and
Of the three white collar exemptions, the administrative exemption is the vaguest and the hardest for an employer to prove. In an important case, the First Circuit has weighed in on when that exemption applies and held that some employees
I have written about the collaborative arrangements, information sharing arrangements, that the USDOL has entered into with state DOLs and how that is a dangerous portent for employers. Well, the landscape has again changed on this front, foreboding more potential
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up the very misunderstood issue of what a “salary” really means
I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law. The proposed rule will likely set higher rates on DBA construction projects, a