The Wage & Hour – Development & Highlights blog highlights recent and noteworthy developments in cases and regulations on wage and hour laws that affect large and small business. The author, Mark E. Tabakman of Fox Rothschild, advises clients throughout the country on all aspects of labor relations and employment law, and development of corporate employment policies. His practice is focused on complex employment and labor law issues, including wrongful termination, employment discrimination, compliance with the National Labor Relations Act, long-term workforce strategies, labor negotiations and arbitrations and other personnel policies.
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On February 2, 2011, Steven Wiig, the former personal assistant for Metallica drummer Lars Ulrich, filed a lawsuit in the Superior Court of California, County of Marin, alleging various violations of the Fair Labor Standards Act and the California Labor Law. The case is entitled Wiig v. Ulrich,...
Just when the New York Mets thought that things couldn’t get any worse for them this season, they get “hit” with a class action lawsuit for allegedly failing to pay Citi Field security guards overtime. The plaintiffs, Errol K. Roberts and David N. Vernod, allege that Citi Field...
On July 14, 2011, several lobbyists and business representatives argued before the House Education and the Workforce Subcommittee on Workforce Protections (“Subcommittee”) that the Fair Labor Standards Act (“FLSA”) needs to be revised. J. Randall MacDonald, senior vice...
This past week, a former film editor for the “Girls Gone Wild” franchise filed a class action in the Superior Court of the State of California alleging that Manta Films Inc. and GGW Direct LLC improperly classified him as an independent contractor, and consequently, denied him overtime...
Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims he/she has been misclassified as exempt when they are really not and are due overtime. But, law firms themselves must be diligent about properly classifying their own employees, especially...
Take Me Out to the Ballgame - Yankee Stadium Concession Workers Want A Share of Mandatory Service Charges
On May 9, 2011, a group of Yankee Stadium food service workers filed a complaint in the Southern District of New York alleging that the stadium’s concession providers withheld tips in violation of the New York Labor Law (“NY Labor Law”). The workers allege that the concession...
In Chen et al. v. Domino's Pizza Inc. et al., the U.S. District Court for the District of New Jersey dismissed Domino's Pizza Inc. from a proposed class action. The action alleged that the company, and a select number of New Jersey franchisees, failed to pay delivery drivers proper overtime...
Who Is The "Employer" Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede's
In FLSA cases, the plaintiff will often sue not only the Company, but its owners and/or officers as well. I know from personal experience in defending these cases that clients often are motivated to settle because they fear the specter of possible personal or individual liability. The recent...
I have often posted on independent contractor issues and had posted about the new initiative undertaken by the federal Department of Labor to share information with the States in a concentrated effort to find instances where employers have misclassified “true” statutory employees as...
The issue of claims for alleged working time is on a disturbing trend upwards. There seems to be no end to the frequency and variety of these claims. Although the latest case is not in the context of a judicial proceeding, but rather an administrative investigation, the result, and the...