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Is On-Call Time Compensable In New Jersey?

In New Jersey, on-call time is considered hours worked when calls are so frequent or the on-call conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit. On-call time is not considered hours worked when employees are not...

Employers, Don't be too Quick to Take that IRS "Independent Contractor" Deal

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!! You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who...

It Pays to Sleep on the Job in California

Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc ., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be...

California Court: On-Call Rest Breaks Are Permissible

Last week a California Court of Appeal issued its published decision in Augustus v. ABM Security Services, Inc ., overturning a $90 million class judgment against ABM based on its purported failure to provide its security guards with proper rest breaks. Although it was undisputed that the security guards...