Catgeories: Employment Law,

Your nanny or housekeeper may feel like family but housekeepers and nannies the families that serve all the time, and these lawsuits can get far more expensive than other lawsuits brought by employees because of the number of hours involved. There are very specific rules as to how nannies and housekeepers are paid, and often they sue when their employers part ways with them, even after ten years, or more, in the home. Defending against lawsuits brought under the Fair Labor Standards Act (FLSA) I run into cases all the time when in which a nanny was with a family...
Catgeories: Uncategorized,

On Tuesday a Federal Court in New Jersey ruled that the Port Authority would not be subject to a lawsuit for discrimination based on their failure to accommodate a Jewish employee’s request not to work on the Sabbath and Jewish Holidays. This does not mean that employers are free to ignore an employee who asks for accommodations. Religious accommodations have different requirements based on what type of employer you are. Private employers face cases based on an employee’s religion infrequently by comparison to lawsuits filed for failure to accommodate an employee under the Americans With Disabilities Act (ADA). In the...
Catgeories: Employment Law, Uncategorized,

One of the most common misconceptions that employers have is that illegal immigrants cannot sue their employers. Illegal immigrants can sue their employers in Federal Court for the non-payment of minimum wage, and overtime, pay under the Fair Labor Standards Act (FLSA). Under the FLSA it does not matter whether someone is in the country illegally, nor will they be deported for filing a lawsuit. There are places in the country where an illegal immigrant cannot bring a Federal Lawsuit, but in Florida, Alabama, Georgia, and other states, an illegal immigrant can bring a lawsuit under the Fair Labor Standards...
Catgeories: Employment Law,

The law does not give the option to employers to pay their employees as independent contractors by paying them via 1099 rather than W-2. For purposes of Federal Labor Laws, and the Fair Labor Standards Act (FLSA), an independent contractor is a person who is not economically dependent on any one employer as a primary source of income. When you hire someone to paint your house you are hiring them as an independent contractor, but when you own a business and your employees depend on you to make a living you cannot hire them as independent contractors. This comes as...
Catgeories: Uncategorized,

Next to the Plaintiff’s name in a Fair Labor Standards Act (FLSA) lawsuit there are often a variation of the words “and all those similarly situated” or “and those similarly situated.” Variations on “and those similarly situated” are very dangerous words if you are a business owner. The words can turn a lawsuit brought against an employer by one employee, into a lawsuit brought against an employer by several past and present employees, who the Court forces the employer to inform of their ability to join and facilitate the process of joining. If the Plaintiff seeks to join “those similarly...
Catgeories: Uncategorized,

Large restaurant chains have paid millions of dollars in settlement money for improper tip pooling arrangements. There are trends in lawsuits under the Fair Labor Standards Act (FLSA). Recently, suits by tipped employees suing their employers has become popular. Restaurants and bars of all sizes, across the country, are being sued by tipped employees who claim that they were tipped improperly. This is because there are a set of complex regulations as to how tipped employees are paid, and how they are informed about their pay. A business can pay a tipped employee correctly, but inform them of their pay...
Catgeories: Uncategorized,

One of the most common mistakes that employers make is believing that because they pay employees a salary, the employers do not need to pay the employees overtime. There are employees who receive a salary, and do not need to be paid overtime because they are exempt from the law’s requirement to pay overtime. However, the duties that an employee performs, their training, and their position, determine whether they are exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements, not if they are paid a salary. I represent many employers who confuse the fact that most employees who are...
Catgeories: Uncategorized,

For employees, whose employers classify them as exempt from overtime requirements, it just became harder to sue their employers. If an employee is exempt, an employer does not need to pay them overtime. Common exempt employees include, but are not limited to, managers, administrators, supervisors, chefs, commercial drivers, domestic employees, and commissioned salespeople. Until recently, when an employee sued an employer for unpaid overtime under the Fair Labor Standards Act (FLSA), there was a strong legal presumption against the employer, because exemptions were narrowly construed. However, in April of 2018, in a case called Encino Motorcars (Encino Motorcars, LLC v....
Catgeories: Uncategorized,

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Catgeories: Health Care, Health Law, Medical Malpractice Defense,

It is a crime for any person to pay or receive anything of value if even one purpose of that payment is to induce the referral of a patient for a health care good or service. This prohibition exists in Federal law and, in various permutations, often exists in states’ laws as well. On the Federal level, this restriction does not apply if and to the extent that the arrangement fits within one of approximately twenty-five fact patterns that appear in Federal law and regulation (each called a “Safe Harbor”). Some, but not all, states’ laws incorporate various versions of...