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Fair Labor Standards Act

Mar 15, 2016

Major FLSA Changes One Step Closer to Reality

It has been a while, but there is finally movement on the Department of Labor’s proposal to drastically change the white-collar exemption regulations of the Fair Labor Standards Act, which will result in millions of employees across the country being entitled to overtime pay that are not currently so eligible. » Read More

Feb 08, 2016

Supreme Court Hampers Class Action “Pick Off” Move

With the Super Bowl now behind us, the start of spring training baseball is nearly here.  As any baseball fan knows, a well-timed “pick off” move from a pitcher can be a great strategy to prevent runs from being scored.  Late last month, the Supreme Court issued a ruling that limits the ability of defendants to “pick off” the lead plaintiff in putative class action suits. » Read More

Aug 12, 2015

Department of Labor Issues Guidance on Independent Contractor Misclassification

Last month, the United States Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on the misclassification of independent contractors under the Fair Labor Standards Act (FLSA).  In the AI, the WHD contends that “most workers are employees” under the FLSA’s “very broad definition of employment,” and that this intended scope must be considered when applying the “economic realities” factors to determine whether a worker is an independent contractor or an employee. » Read More

Aug 10, 2015

Department of Labor Issues Guidance on Independent Contractor Misclassification

Last month, the United States Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on the misclassification of independent contractors under the Fair Labor Standards Act (FLSA).  In the AI, the WHD contends that “most workers are employees” under the FLSA’s “very broad definition of employment,” and that this intended scope must be considered when applying the “economic realities” factors to determine whether a worker is an independent contractor or an employee. » Read More

Jan 08, 2015

Department Of Labor Anticipates Increasing The Number Of White-Collar Employees Entitled To Overtime Pay In 2015

Under current, longstanding federal law, certain employees are considered “exempt” and are not entitled to overtime compensation. An exempt employee must be paid on a salaried basis and since 2004, the minimum salary required for an exemption has been $455/week, $23,660/year. » Read More

May 07, 2012

New Jersey Restores Exemption for Commissioned Sales Employees

Effective February 21, 2012, New Jersey corrected an “unintended consequence” of a 2011 amendment to state wage and hour regulations that inadvertently resulted in the omission of the exemption to minimum wage and overtime law commonly referred to as the “inside sales” exemption.  » Read More