Articles Posted in Wage and Hour

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The New Jersey Supreme Court has weighed in not once but twice this month on important employment law issues. So, if you operate a business in the Garden State, I’ll bring you up to speed on that, plus some new pending legislation.

(For the rest of you, have a nice weekend, and maybe add some pork roll or Taylor Ham to your breakfast sandwich.) Continue reading

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On Monday, the  U.S. Department of Labor’s Wage and Hour Division published new guidance reminding employers that the use of artificial intelligence and other automated technologies to track work hours, optimize employee performance, and administer leaves of absence does not excuse compliance with the laws that the WHD enforces, namely, the Fair Labor Standards Act and the Family and Medical Leave Act. Continue reading

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You still have time to register (here) for The Employer Handbook Zoom Office Happy Hour, which returns today at Noon ET. My Pierson Ferdinand employment law partners, Ben Jacobs and Amy Epstein Gluck, will join me to discuss the FTC’s plan to ban most employee noncompetes and explore the Department of Labor’s proposed increase to the salary level for overtime exemptions.

See you soon!

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The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. Continue reading

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The U.S. Department of Labor rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) take effect on March 11, 2024.

Has your business procrastinated in preparing for them?

If so, do not worry; I’ve got your back.
Continue reading

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A multi-year dispute over unpaid wages went from bad to a whole lot worse for a Midwest business owner when he decided to appeal a trial court ruling that he owed over $300k in wages, damages, and attorney’s fees by representing himself and hiring an “online consultant” who used artificial intelligence to prepare an appellate brief. Continue reading

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It’s not like I woke up in a cold sweat, fixated on this obscure bit of Fair Labor Standards Act minutiae.

But I did read this Eleventh Circuit decision last night, which did posit whether “Julie Andrews’s Mary Poppins, Martin Lawrence’s Big Momma, Fran Drescher’s Nanny Fine, Robin Williams’s Mrs. Doubtfire, or Vin Diesel’s Shane Wolfe…would have been entitled to overtime pay in the real world.”

So, let’s find out. Continue reading

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It took less than a week for a group of freelance writers and editors to file this federal court lawsuit to block enforcement of the U.S. Department of Labor’s new independent contractor rules, which I wrote about here last week.

If you thought the DOL’s final rule would sail through without a fight, think again. Continue reading

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Back in the day, the mere promise of Cheerios and chocolate milk was all it took to dupe my two oldest kids (then three and five) to shovel the driveway for a few hours. Come to think of it, I preferred the stick to the carrot. So I probably threatened to cancel Nickelodeon and, with that, all vestiges of Yo Gabba Gabba. Either way, the children were too young and naive to ask for minimum wage or form a union. So, they shoveled snow.

Fortunately, the littlest one — salting the walkway out of frame — lacked the manual dexterity to call the NJ Department of Labor on me.

Ah, the good ‘ol days. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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