The U.S. District Court for the Eastern District of Texas, in State of Texas, et al. v. United States Department of Labor, et al. vacated the latest overtime rule by the Department of Labor (DOL) on November 15, 2024. The rule increased the salary requirement to be exempt in July 2024, set another increase
Latest from Wage & Hour - Developments & Highlights
Massachusetts Voters Reject Ballot Measure Requiring Tipped Employees to Be Paid Full Minimum Wage—Is this a New Trend?
Should tipped employees be paid the full minimum wage? Massachusetts residents voted a resounding “No” and rejected a proposed change to the state’s minimum wage law that would have required tipped employees to be paid 100% of the minimum wage by 2029, as opposed to the $6.75 minimum cash wage.
The proposed amendment on the
United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases
On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether an exemption under the Fair Labor Standards Act (“FLSA”) applies.
To set the stage, the FLSA governs the payment of
NJ Domestic Workers’ Bill of Rights—Are You Compliant?
As Mark reported in a previous blog post, the New Jersey Domestic Workers’ Bill of Rights became effective on July 1, 2024. If you employ domestic workers in your home, you are likely to be considered an employer under the statute and need to create a contract for your domestic employees.
The law’s definition
New Jersey Supreme Court to Hear Important Wage Case
In June 2024 I wrote this article discussing in-depth the case of Musker v. Succhi, et al., and the implications the Appellate Division’s ruling had for wage disputes regarding sales commissions. As a reminder, the plaintiff in this case was suing her former employer for violations of the Wage Payment Law (“WPL”). The plaintiff was
Thank you Mark Tabakman!
Hello everyone, my name is Jonathan D. Ash and I am a Partner in Fox Rothschild’s Princeton Office. I will be taking over this blog with some of my colleagues, who will introduce themselves in the coming days.
I want to thank Mark Tabakman for all of his years and dedication to the firm and
When Are Commissions Earned-New Case Sheds Light (And A Good-By)
My colleague, Ian Gillen, as authored a thoughtful and insightful article on a case that clarifies under New Jersey law when commissions are earned. There is a great deal of confusion over when commissions vest, as attested to by many cases. This case explores the issue of “supplementary incentives” as applies to the generic term
Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In
The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and thus not subject to coverage. The Third Circuit has disagreed with that view and has set forth a test to determine the employee status (or
New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas Judge
I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has, for the moment, come to an end as a federal judge in Texas issued an injunction blocking portions of the new rules. The Judge found
Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action
I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging their lunch breaks were automatically deducted, yet they supposedly worked through their lunch breaks. The cases are entitled Baldwin v. McLaren Lapeer Region and