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Employers: Do Not Dock Workers’ Pay When They Take Short Breaks

By | February 26th, 2018|Categories: Wage & Hour|Tags: , , , , , |

We like to bring employers simple tips that can head off problems before they start.  Here's one that comes from a recent decision from the U.S. Third Circuit Court of Appeals, which covers New Jersey, Pennsylvania, Delaware and (yes) the Virgin Islands.  The tip is this: do not dock workers' pay for taking short rest [...]

Sometimes Boilerplate in Contracts Really Makes a Difference

By | February 16th, 2018|Categories: Wage & Hour|Tags: , , |

Or The Eyes Of Texas Were Upon the Beauty Consultant from NJ How many contracts have you signed in the course of your business career?  Did any of them contain a choice of law provision?  You know, buried down somewhere toward the end where you always find the boilerplate provisions, where they put the stuff [...]

A Sampler of Federal Employment Law Developments

By | October 28th, 2016|Categories: ADA, Employment Law News, Non-compete Agreements, Wage & Hour|Tags: |

As we have pointed out before, New Jersey's employment laws are structured in a way that makes it desirable, nearly all of the time, for plaintiffs to file their cases in state court under state law. In that way we differ from many other states, where federal law is used more frequently.  That doesn't mean [...]

Don’t Forget Impending Federal OT Rule Changes

By | September 22nd, 2016|Categories: Employment Law News, Wage & Hour|Tags: |

December 1, 2016 is a little more than two months away.  That's the date when long-awaited changes to federal overtime rules will take effect.  Businesses need to be prepared. The Department of Labor's press release summarizes the changes. The new Rule is aimed primarily on the standards under which Executive, Administrative, and Professional employees can [...]

Settling FLSA Cases Just Got a Little Harder

By | August 28th, 2015|Categories: Wage & Hour|Tags: |

Most cases, when they settle, contain a provision that the plaintiff's complaint will be dismissed "with prejudice."  "With prejudice" is legal shorthand for saying that those claims can never be raised again. Once they're gone, they're gone for good.  Why defendants want this is understandable.  In exchange for money, they believe that they are buying [...]

5 HR Errors that Leave Companies Exposed to Litigation

By | January 19th, 2015|Categories: Firing Issues, Hiring Issues, Policies & Handbooks, Wage & Hour|Tags: |

These 5 common business errors that make defending an employment lawsuit harder come from the California Employment Law Report, and they are as true on the east coast as the west. In our experience, smaller and middle sized businesses without a dedicated HR person are particularly susceptible to these mistakes.  All depend in one way or [...]

Pharma Sales Reps Not Entitled to Overtime

By | June 21st, 2012|Categories: Wage & Hour|Tags: |

On June 18 the Supreme Court put to rest a long-simmering controversy over whether pharmaceutical sales representatives - the people who try to convince doctors to prescribe their employer's drugs - are "ouside salesmen" for purposes of the FLSA.  If they are, they get no overtime no matter how many hours they work each week.  [...]

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