On November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United...more
11/21/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more
1/25/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
On August 8, 2023, the U.S. Department of Labor issued new regulations addressing prevailing wage requirements under the Davis-Bacon Act (“DBA”). The final rule alters how the USDOL will calculate the prevailing wage...more
On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more
On September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on...more
On June 4 and June 5, 2019, two different Appellate Division panels issued opinions discussing the enforceability of arbitration agreements signed by pharmaceutical delivery drivers who claimed the defendants violated New...more
On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more
11/20/2018
/ ABC Test ,
Appeals ,
Class Action ,
Contract Terms ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Freight Forwarding ,
Independent Contractors ,
Motion to Dismiss ,
Over-Time ,
Reversal ,
Standing ,
Third-Party Service Provider ,
Wage and Hour ,
Wage Deductions
On May 3, 2018 New Jersey Governor Phil Murphy signed Executive Order No. 25 which authorizes a 12-person task force to review misclassification of workers as independent contractors in New Jersey, with a focus on the...more
Earlier this month, in a 2-1 decision, the Third Circuit Court of Appeals held that certified nursing assistants covered by a collective bargaining agreement are not required to arbitrate their FLSA claims before seeking...more
Ready or not, 2017 is upon us and with it come many regulatory changes and important deadlines for employers and individuals. Make sure your New Year’s resolutions include compliance with the following changes and deadlines...more
On October 24, 2016 the federal district court in Beaumont, Texas enjoined implementation of President Obama’s Executive Order 13673 and the enforcement of FAR Council regulations and U.S. DOL guidance requiring disclosures...more
10/27/2016
/ Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Law Violations ,
Obama Administration ,
Pay Transparency ,
Preliminary Injunctions ,
Wage and Hour