In June 2024 I wrote this article discussing in-depth the case of Musker v. Succhi, et al., and the implications the Appellate Division’s ruling had for wage disputes regarding sales commissions. As a reminder, the plaintiff in this case was
Latest from Wage & Hour - Developments & Highlights - Page 2
Thank you Mark Tabakman!
Hello everyone, my name is Jonathan D. Ash and I am a Partner in Fox Rothschild’s Princeton Office. I will be taking over this blog with some of my colleagues, who will introduce themselves in the coming days.
I want
When Are Commissions Earned-New Case Sheds Light (And A Good-By)
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
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
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
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
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
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
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,
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