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Fox Rothschild LLP | USA | 14 Jun 2019

The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)

The test for independent contractor is often a tough one to meet. Especially in New Jersey which has (as do many other States), the famous (or


Fox Rothschild LLP | USA | 10 Jun 2019

Differing Views on New Salary Level for Exempt Status Set By USDOL: No Surprises Here

Now that the USDOL has established $35,000 per year as the new threshold for exempt status, several groups have already taken shots at that new salary


Fox Rothschild LLP | USA | 31 May 2019

No OT for Hourly Paid Nurses in Offbeat Texas Lawsuit

This is a very interesting case. A group of nurses at a Texas hospital claimed they their employer intended to pay them an annual salary rather than


Fox Rothschild LLP | USA | 24 May 2019

Another Automatic Lunch Deduction FLSA Collective Action: How Many Times Does It Have to Happen?

I have blogged numerous times about these automatic lunch deduction cases and have suggested remedies. Yet, these cases proliferate. Another very


Fox Rothschild LLP | USA | 17 May 2019

USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status

The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts. There is also an issue with changing technology


Fox Rothschild LLP | USA | 14 May 2019

The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!

When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topicissue or follows a consistent course of


Fox Rothschild LLP | USA | 25 Apr 2019

The USDOL And The Joint Employer Doctrine: The Saga Continues

The USDOL has proposed a new cut-down (watered down?) test for determining when entities are a joint employer. Such a finding leads to the aggregating


Fox Rothschild LLP | USA | 12 Apr 2019

New DOL Proposed Rule Will Affect What Is included (or Not) in Regular Rate for Overtime Calculation

Even the most well-intentioned employer who wants to comply with the FLSA will have trouble, as there are many gray, nuanced provisions and


Fox Rothschild LLP | USA | 8 Apr 2019

Employers Must Be Aware of “Sneaky” Working Time FLSA Collective Action Cases

I continue to blog about working time cases because these are the kind of lawsuits that can sneak up on an employer who does not realize that a


Fox Rothschild LLP | USA | 4 May 2016

Supreme Court Hears Arguments On Exempt Status of Car Dealership Service Advisers

I have blogged on this topic before and I look forward with great interest as to what the ultimate decision will be. Evidently, during the oral

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