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The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law

Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business” of the alleged employer. Now, the New Jersey...more

Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit

The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care industry, where compliance issues...more

Another Unwarranted Expansion Of The Reach Of Prevailing Wage Laws—Construction Employers Must Take Heed!

I have blogged many times on prevailing wage issues and, of late, have commented on the unwarranted expansion of these laws. Well, here’s another one. The State of New York enacted an enhancement of its prevailing wage law,...more

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands

The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an exorbitant amount of money, if it is not (at least in part)...more

New Jersey Tightens Up Already Stringent Independent Contractor Enforcement Hammers: Is There No End In Sight?

I have often blogged about the very enforcement-oriented stance of the Murphy Administration and the New Jersey Department of Labor (“NJDOL”). Well, I have now even more evidence. On July 8, 2021, Governor Murphy signed three...more

New Enforcement Powers Given To New Jersey DOL Exercised In Broad Fashion For First Time: The Coming Of The Storm?

In July 2019, the New Jersey Legislature amended and expanded the State’s wage-hour laws to give the enforcing agency the power to stop an errant contractor, especially those doing prevailing wage work, from actually doing...more

David Weil To Head Up Wage Hour Division At USDOL: An Indicator Of Things To Come.

I have commented, as many others, that the Biden USDOL will be far more employee friendly and protective of employee rights. More proof has arrived. The President has nominated David Weil to be the head official at the Wage...more

On Davis-Bacon/Prevailing Wage Projects, Be Aware Of “Split Classification” Issues And Problems

On prevailing wage projects, employees are paid for the different trade work they do by the rate for that trade. Sometimes, employees work in more than one classification (e.g. Carpenter and Laborer). These lines of...more

Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA

This Sunday was Daylight Savings Time and we pushed the clocks ahead by one hour. This is, on a human level, a welcome event, as it signals winter’s end. Now, I can fling away any vestiges of Seasonal Affective Disorder and...more

Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees

I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that is in power. For example, under the prior...more

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

New Jersey Business Association Challenges Union Boondoggle Requirement Of Mandatory Apprenticeship Program For Construction...

I do a great deal of prevailing wage defense on behalf of employers, both on a federal level (i.e. Davis-Bacon Act) and the State of New Jersey prevailing wage statute. It sometimes seems that trade unions are able to...more

Choice Of Marty Walsh As Secretary Of Labor Signals Huge Pendulum Swing

I have been praising the Opinion Letters which have, of late, been issuing from the US Department of Labor because, candidly, they are displaying a business friendly attitude, or should I say, a pragmatic approach to the...more

USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists

There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of the basic requirements for an employer trying to claim...more

The Impact Of Working Remotely And FLSA Compensable Travel Time: Another USDOL Opinion Letter Nugget

Lately, there has been a lot of “action” from the USDOL on the thorny and misunderstood issue of travel time. The agency has just issued another Opinion Letter that addresses the issue of whether employers must pay workers...more

USDOL Issues Travel Time Opinion Letter For Construction Industry-Part II

I blogged the other day about a USDOL travel time Opinion Letter for the construction industry and foremen in that industry. The employer seeking the advice posed three scenarios and wanted answers about the foremen and the...more

USDOL Issues Travel Time Opinion Letter For Construction Industry

I have stated many times that I am pleased that the USDOL has taken again to issuing Opinion Letters which guide employers in complying with the Fair Labor Standards Act. I am particularly happy that the agency has issued an...more

USDOL Seeks To Kick Out Private Lawsuit Asserting It Can Do Better For Employees: Can It?

Are two lawsuits better than one? Not for the employer, I can tell you that. A very interesting case is working its way through the federal courts now, where the US Department of Labor wants to take over a private lawsuit...more

Medical Interpreters Deemed Employees Not Independent Contractors: The Detrimental Effect Of Non-Compete Agreements!

If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors. In an offbeat case, this has occurred to a company that utilized...more

New USDOL Independent Contractor Rule Helps Putative Employers

The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front has been on the independent contractor...more

Company Asserts Novel Defense In Fighting FLSA Independent Contractor Misclassification Action

When people are employees, the deductions that may be made from their wages are limited and many items that would be classified as employer business expenses cannot be deducted from worker pay. When individuals are...more

More USDOL Guidance On Virus Working Time Issues: Tracking Off-The-Clock Time

I have written several times about employees working from home, e.g. telecommuting, and how employers must carefully keep track of their hours to avoid unauthorized overtime. There are situations, however, that arise...more

Pre-Payment Plans: A Novel Way To Deal With Overtime Issues

The FLSA contains a number of provisions that enable employers to manage, if not reduce, overtime costs. One of these is called a pre-payment plan. Under a Pre-Payment Plan, an employer pays anticipated overtime in advance...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Collection of Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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