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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.  [...]

After-Hours E-mail and the FLSA

By | October 6th, 2010|Categories: Wage & Hour|

Yesterday I read on Technolawyer a post written by Ed Zohn, a NJ attorney who writes frequently on law office technology.  Ed's thesis, with which I agree, is that many lawyers, in the quest for automated efficiency, have made themselves victims of TMT --- "too much technology." That is, we allow our automated tools to [...]

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