W&H | Burke Costanza & Carberry LLP

Home Care Workers – New DOL Regulations

by Burke Costanza & Carberry LLP | Dec 3, 2013 | Labor and Employment

The United States Department of Labor (DOL) has issued final rules extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers employed by third party employers. These regulations have been in the works for some time,...

Joint Employers under the FMLA

by Burke Costanza & Carberry LLP | Jan 24, 2012 | Labor and Employment

A recent decision of a U.S. District Court reminded me of some of the lesser-known legal principles that expand an employer’s legal liability. This particular decision involved the Family and Medical Leave Act (FMLA) and an employer who uses a Professional Employer...

Employment Laws – Wage & Hour Coverage Overview

by Burke Costanza & Carberry LLP | Oct 25, 2011 | Labor and Employment

A lot of my recent reading has reminded me of the ever-expanding number and scope of federal and state employment laws. Requirements and coverage are so varied that I think it is valuable to provide a check-up checklist, if you will, over the next several posts of...

Wage & Hour Investigations

by Burke Costanza & Carberry LLP | Oct 18, 2011 | Labor and Employment

During 2009 and 2010, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor saw significant growth in staff, budget, and investigations. While the budget for the 2012 fiscal year looks to trim most government agency budgets, employers should remember...

Amnesty Program for Independent Contractor Misclassification

by Burke Costanza & Carberry LLP | Sep 23, 2011 | Labor and Employment

One of the hottest topics in Labor & Employment (“L&E”) law is independent contractor (“IC”) misclassification. This issue receives so much attention because of the cumulative impact of employee wage loss, tax revenue loss, and the impact of back wage and tax...