Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: April 7, 2015
The Firm
201-896-4100 info@sh-law.comAccording to the latest statistics from the Administrative Office of the U.S. Courts, lawsuits alleging violations of the Fair Labor Standards Act (FLSA) increased nearly nine percent in FY 2014. Class-action lawsuits involving FLSA are also on the rise. To avoid costly liability, it is important to regularly review your policies and procedures.
As a refresher, the FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards for most U.S. employers. Below are some specific issues that can lead to liability for employers:
While independent contractors provide a number of advantages to employers, businesses should be mindful that proper classification depends on a number of highly fact-intensive factors, which are increasingly under scrutiny by federal and state regulators. To avoid making a costly mistake, it is imperative to re-verify that any independent contractors on your payroll are not actually employees, keeping in mind that relationships with workers can evolve over time.
Under the FLSA, employees who serve in a bona fide executive, administrative, or professional capacity are considered exempt from the statute’s minimum wage and overtime provisions. To qualify for the exemption, employees generally must meet certain tests regarding their job duties and compensation. Since the employee’s written job duties are not determinative, it is important that any audit include a review of the worker’s actual daily activities.
The FLSA requires employers to keep records on wages and hours. With respect to nonexempt workers, it is critical that businesses properly record regular hours and overtime hours, as well as meals/breaks and wage deductions. Having proper payroll procedures in place is essential to ensuring that employees are paid the correct amounts for all hours worked. Proper records are also crucial when defending a FLSA claim.
Amendments to the FLSA can also cause legal headaches. The Affordable Care Act amended the FLSA to require employers to provide both a break time and a place for hourly paid workers to express breast milk at work. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. Businesses with less than 50 employees are not subject to the breastfeeding requirements if compliance would impose an undue hardship.
As the summer approaches, employers should review their policies regarding unpaid interns. Under the FLSA, internships in the “for-profit” private sector will most often be viewed as employment, unless the Department of Labor’s rigorous six-factor test is satisfied. Accordingly, interns must be paid minimum wage and overtime, even if they also receive an educational benefit.
The FLSA prohibits employers from retaliating against workers who have filed wage and hour complaints. If adverse action is taken against an employee who asserts their rights under the statute, the employee or EEOC may file a lawsuit seeking job reinstatement, payment of lost wages, and damages. Accordingly, it is important to have procedures in place to promptly and thoroughly investigate FLSA complaints. Manager and supervisors should also receive regular training regarding conduct that is considered unlawful under the statute.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck real estate partners Donald Pepe and Joe DeMarco were recently interviewed by NJBIZ reporter Kimberly Redmond for a feature examining what may shape the commercial real estate market in 2026. The article explores several issues currently influencing development and investment decisions across New Jersey, including redevelopment considerations, regulatory and financing pressures, emerging asset […]
Author: Scarinci Hollenbeck, LLC

Little Falls, New Jersey — Scarinci Hollenbeck, LLC is pleased to announce that Partner Angelo Auteri has been awarded the Michael A. Pane Ethics in Government Award, one of New Jersey’s most esteemed recognitions for integrity and professionalism in public service. The award was presented on Thursday, November 20th during the New Jersey State League […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!