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


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


Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here.

This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”

And all of you are invited. Continue reading


The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏

Last night, I read a news release from the U.S. Department of Labor that helps put this into perspective.

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Some people in Dallas do some dumb stuff.

For example, every year, many locals hold out hope into late December or early January that the Cowboys will win the Super Bowl. After their hopes get dashed when the team inevitably chokes, the fans irrationally board the bandwagon the following Summer. It’s crazy!

But not as nuts as what I’m about to tell you.

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About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.

Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading


I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.

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