Two former interns on the set of the movie “Black Swan” brought a class action lawsuit against Fox Searchlight Pictures, alleging that their work as unpaid interns crossed the line into work for which they should have been compensated.
Continue Reading...In a further example of industry-specific targeting for wage and hour violations, the Department of Labor issued a press release regarding a multi-year investigation of the full-service restaurant industry on Long Island, NY, finding multiple violations in numerous establishments.
Continue Reading...The federal Department of Labor recently recovered $1,014,895.00 in back wages for 295 gas station employees in New Jersey, according to a recent DOL News Release.
Continue Reading...In an effort to bring its definitions for white-collar employees exempt from the overtime pay regulations into line with the federal definitions, New Jersey inadvertently eliminated a long-standing exemption for commissioned sales people.
Continue Reading...Often, thinking it will save them money, businesses classify individuals providing services for them as independent contractors instead of employees. Independent contractors do not need to be on the company’s health insurance or pension plans, and the business does not need to pay matching FICA taxes. However, often the distinction between a contractor and employee is made for business convenience and economy—ignoring the fact that the law provides standards for distinguishing between the two.
Continue Reading...Every employee has a core job comprised of the main duties the employee is hired to perform. And just about every job has non-core elements that take up time and (often) seem unproductive—organizing or maintaining tools, putting on protective clothing, cleaning or picking up after work, or attending meetings. Do employees need to be compensated when they are not really working?
Continue Reading...If a company subcontracts some of its functions, can that company be liable for its contractor’s violations of labor law? In a word—yes. Especially when those functions are provided on-site and the companies are found to be a joint employers.
Continue Reading...Everyone knows that exempt employees—those who aren’t eligible for overtime pay such as executives and management—can be made to work 24/7/365.
What about nonexempt employees—those who do earn overtime wages? Can you make them work 9, 10, 12, or more hours in a day?
While there has not been a specific law outlawing the misclassifications of employees as independent contractors, employers could be penalized for doing so by the IRS (since the proper withholding taxes would not have been paid), the Department of Labor (since overtime wages may not have been paid), or by Unemployment and Workers’ Compensation (seeking taxes and payments not previously made). A number of U.S. senators are looking to increase the consequences of misclassifications.
Continue Reading...To state the obvious-- legal terms can be confusing. When mixed in with already confusing state wage and hour laws, employers can be left throwing up their hands in surrender. Take “spread of hours,” for example, which could mean practically anything-- though in practice, it mostly means headaches for well-intentioned employers.
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