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Labor & Employment Law

Wage & Hour - Development & Highlights

By Mark E. Tabakman, Esq.

Post Frequency: 0.8/day

Last Entry: March 30, 2011 at 10:04:31

A Disease Hits The Pharmaceutical Industry: A "Rash" Of Class Actions

Posted on September 20, 2007
Pursuant to a decision by a federal court judge in Los Angeles, thousands of Ortho McNeil sales representatives will be given the opportunity to opt into a Fair Labor Standards Act class action, which will encompass the entire nation. The issue is whether they have been properly classified as exempt under the “outside salesman” exemption...

On-Call Time: When Is It Compensable

Posted on September 11, 2007
The treatment of on-call time depends on how much control the employer has over the employee and whether the employee can effectively use on-call time for personal activities. An employee who is required to remain on call on an employer's premises or so close thereto that the employee cannot use the time effectively for his own purposes is "working...

Independent Contractors: Lack of Control and Business Ownership Are The Keys

Posted on July 17, 2007
The line between who is an employee and who is an independent contractor is often a difficult one to draw, with significant (adverse) consequences for employers if they err in their designation. Different state and federal agencies have different standards for distinguishing between employees and independent contractors...

The New FLSA Exemption Tests: The Dangers Of Misclassification

Posted on July 17, 2007
The new (e.g. almost three years) Fair Labor Standards Act (“FLSA”) regulations on exempt status differ in some significant aspects from the old, but still leave employers with numerous, problematic decisions as to which employees are/are not overtime eligible...

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FLSA Class Actions: The Bane Of The Employer's Existence

Posted on July 17, 2007
It is always possible for one person to sue their employer for wages or alleged back due overtime. What is far more pernicious and what is, regretfully, happening far too often over the last several years, is a so-called “class action.” In a class action, a group of employees, ranging anywhere from a handful to several thousand, sue their employer, sometimes in a class that encompasses the entire nation...

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