New Jersey did not invent a tougher independent-contractor test this spring. It finally wrote down how it has been applying the old one. Continue reading
Three administrations, multiple rules, and still no settled federal standard on joint employment. The DOL’s new proposed rule is the latest attempt to end that uncertainty.
He worked as a building superintendent for three and a half years. His employer conceded he did the work. He was never paid wages after his first two weeks. The New Jersey Supreme Court just explained why that arrangement is going to cost the employer. Continue reading
Can an employee secretly rack up overtime and sue for it later?
The Fifth Circuit says not without proof that the employer knew or should have known about those hours. Continue reading
If your FLSA exemption strategy depends on a minimum one- or two-day guarantee, this decision should get your attention.
The Fifth Circuit just rejected that structure under the statute’s salary-basis test. Continue reading
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. Continue reading
Wage-and-hour disputes often come down to one deceptively simple question: when does paid work actually begin? A recent Eleventh Circuit decision draws some clear – and employer-friendly – lines around travel time, tool time, and waiting time under the Fair Labor Standards Act. Continue reading
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part three of a three-part series – covers the final two letters, both under the FLSA, and both aimed at assumptions employers sometimes make about flexibility.
One letter addresses whether mandatory pre-shift “roll-call” time can be excluded from overtime calculations based on a collective bargaining agreement. The other addresses how to apply the commissioned-employee overtime exemption when state minimum wage exceeds the federal minimum wage – and what actually counts as commissions. Continue reading
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part two of a three-part series – focuses on two FLSA letters that address problems employers often assume they have already resolved.
One letter deals with exempt classifications that appear sound based on job duties but unravel because of how the employee is paid. The other addresses bonus programs that feel discretionary until overtime calculations say otherwise. Continue reading
Employers often try to manage overtime by adjusting schedules, staffing, or compensation models.
What they cannot do is manage overtime by adjusting the “regular rate” in a way that only shows up when overtime does.
That distinction mattered here. Continue reading
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