by John E. Thompson
In thinking-through and implementing their recovery plans
in the wake of Hurricane Sandy, employers will want to review our August post summarizing a number of federal Fair Labor Standards
Act issues that typically arise following...
Think back to when you took your SATs, many years ago—number-2 pencils, plastic school chairs and laminate-topped desks, florescent lights, nervous sweat, and, the bane of many a high-schooler, the analogies that comprise so much of the SAT’s...
On November 5, 2013, New Jersey residents voted , by a tally of 61% to 38%, to approve an amendment to the New Jersey State Constitution (the “New Jersey Constitution” or the “State Constitution”) increasing the State’s minimum...
On September 6, 2011, the New Jersey Department of Labor
and Workforce Development repealed its existing rules governing exemptions from
overtime pay requirements for executive, administrative,
professional and outside sales employees, and instead...
“ Once is happenstance . Twice is coincidence . Three times is enemy action.”
(I’m pretty sure that was from Ferris Bueller)
Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “ Can You Sue the Boss...
One of the most significant areas of litigation in the employment practices liability arena has been the employee lawsuits seeking damages for employer violations of federal and state wage and hour laws. But while these kinds of lawsuits remain important...
by John E. Thompson
Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it...
In Moran v. Al Basit LLC , the 6th Circuit posed the question of whether plaintiff's testimony is sufficient to defeat a motion for summary judgment where plaintiff presented no other evidence with respect to the amount of overtime he worked [an enhanced...
Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference . The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims...
by Marlene Nicolas , Rachel Tischler and Danielle Thompson*
On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking...
I was reading an article about Massachusetts inmates suing for minimum wage and it started me thinking. The U.S. has the highest incarceration rates in the world . We have about 2.2 million people in prison here. The shockingly high rates started a steep...
The California Supreme Court recently issued its long
awaited decision in Brinker Restaurant Corp. v. The Superior Court of San
Diego County , 2012 Cal. LEXIS 3149 (Cal. Apr. 12, 2012) [ an enhanced version of this opinion is available to lexis.com...
by Lou Cannon
More than four years ago Congress passed President Obama's health care proposal, the Affordable Care Act, on party lines. Whether one favors it or not, Obamacare is a momentous measure. But as far as other major legislation is concerned...
The U.S. Labor Department has published the 2016 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658 . The Order has been implemented through regulations appearing at 29 C.F.R...
Serving Two Masters Can Trigger Overtime
Gregory W. McClune
While it has been said that "no one can serve two
masters," in our modern society many people work for two or more employers at
the same time. This multiple employment...