Here's what you need to know for now. The ABC test presumes that a worker is an employee unless the employer can establish that all three of the following criteria reflect a consulting relationship.
New Jersey's minimum wage increased to $8.38 per hour as of January 1, 2015. All businesses with employees in the Garden State should review and adjust their payrolls accordingly.
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. [...]
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 [...]
Or is it the other way around? You decide. Wage and hour violations continue to pop up everywhere. Yesterday it was law firm employees, today Hooters waitresses. Whatever your business, if you think that similar problems can't happen to you, you're wrong.
I don't single out law firms for items to post about, but I'm still struck by how many of my posts over the years have involved the employment law problems of law firms. You'd think that we'd all know better, wouldn't you? The fact that even members of the bar get themselves into trouble underscores [...]
Michael Fox at Jottings By an Employer's Lawyer reminds us that wage and hour litigation is an increasing problem for business. The latest involves a $2 million (yes, "million") order to pay back wages and penalties to employees. The offenders? A husband and wife team who own 5 Chinese restaurants in Grandville, Michigan. Mike's analysis [...]
Mark Tabakman has an interesting post at Wage & Hour Developments & Highlights. It demonstrates how creative lawyering, combined with common sense on the part of the client, can dispose of a problem quickly and cost-effectively. In a nutshell, the defendant employer (which seems clearly to have violated the Fair Labor Standards Act) was sued [...]
Although we haven't been looking for them, wage and hour stories are prominent in the employment law news these days. This one comes from Massachusetts, via Lee Sevier at the Wage & Hour - Developments & Highlights blog. Here a worker was misclassified by the employer as an independent contractor rather than an employee. The [...]