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Category Archives: Fair Labor Standards Act

November 23, 2016

Employers Granted Reprieve from New Overtime Regulations

Yesterday, a Texas federal judge preliminarily enjoined the implementation of the Department of Labor overtime rule that would have made an estimated 4 million more American workers eligible for overtime pay. A coalition of more than 50 business groups and 21 states sued to invalidate the regulation and sought immediate injunctive relief from the December  Read More arrow

May 18, 2016

Senate Committe passes increase of the minimum wage to $15/hr

The state Senate Labor Committee has approved a bill incrementally increasing New Jersey’s minimum wage to $15/hr. The bill increases minimum wage to $10.10 on Jan. 1, 2017. The minimum wage is increased on an annual basis by $1.25 an hour until it reaches $15/hr by 2021. After that, increases will be ties to changes  Read More arrow

September 11, 2015

United States Department of Labor Offers Guidance on Who is an Employee under the FLSA

Misclassification of employees as independent contractors can get employers in plenty of hot water under the Fair Labor Standards Act for failing to pay overtime, workers compensation and the minimum wage.  A recent memorandum from the DOL attempts to clarify this issue. The Administrator’s Interpretation No. 2015-1 addresses the FLSA’s definition of “employ” under 29  Read More arrow

May 27, 2015

Four Mistakes Employers Make With Overtime

1.  Assume every salaried employee is exempt from overtime. Only employees earning salary of at least $455 per week qualify for the salary exemption from overtime.  Further, even salary is not enough to qualify someone as an “executive” excluded from overtime.  Review the definition of executive under the Fair Labor Standards Act to ensure your  Read More arrow

December 2, 2014

Claim Adjuster Exempt From Overtime Under FLSA

A Pennsylvania Federal District Court recently held that an insurance claims examiner was not entitled to overtime under the Fair Labor Standards Act, because his job involved enough discretion to bring him within the administrative exemption for overtime under 29 U.S.C. 207.  , 2014 U.S. Dist. Lexis 25785 (D. Pa. 2014). Michael Estrada was a  Read More arrow

November 30, 2014

New Jersey Constitution Amended to Raise Minimum Wage – Every Year

Beginning on January 1, 2014 every New Jersey employer is required pay each employee a wage rate of no less than $8.25 an hour.  What employers should know is that each September 30th, the minimum wage will INCREASE, effective the following January 1st ,  by any increase during the one year prior to that September  Read More arrow

June 6, 2014

NJ District Court Allows FSLA Claim, Even Where It Is Not Specifically Pled

A federal district court recently allowed a claim to proceed under the Fair Labor Standards Act, even though the plaintiff did not specifically plead the statute in her complaint before a state agency. Reilly v. Quick Care, 2014 U.S. Dist. Lexis 77816 (D.N.J. 2014) Veronica Reilly filed a claim for unpaid vacation time and overtime  Read More arrow

April 3, 2014

Third Circuit Holds FLSA Liability Applies to Individuals and Successor Companies

In a case under the Fair Labor Standards Act, the Third Circuit recently held that: (1) an employee’s former employers could be responsible for alleged overtime violations under the Act as successors to her initial employer; and (2) her individual supervisors could be held individually liable under the Act for alleged violations. Thompson v. Real  Read More arrow

March 24, 2014

Assembly Panel Votes to Raise Pay for Tipped Workers

The NJ Assembly Labor Committee voted on March 24, 2014 to raise the minimum hourly wage that businesses are required to pay tipped employees from $2.13 to $3.39 by the end of the year and $5.93 by 2015, according to the Newark Star Ledger.  The bill moves on to the Assembly for a full vote.

March 13, 2014

Obama Pushes To Expand FLSA Overtime Eligibility

On March 13, 2014, President Obama signed a memorandum that begins the process of expanding the Fair Labor Standards Act’s overtime rules.  While the exact plan is not clear, it appears that the government is aiming to have the rules exempt fewer workers by raising the salary ceiling – presently $455.00 a week under the  Read More arrow