"Supreme Court to ‘Undress’ Standard of Deference Used for DOL Enforcement Positions” by Vreeland and Klein in NJ Labor and Employment Law Quarterly

07.09.2013

By: John R. Vreeland

Director of the firm’s Wage & Hour Compliance Practice Group, Partner John R. Vreeland and Associate Douglas J. Klein have co-authored an article that appears in the spring issue of the New Jersey Labor and Employment Law Quarterly, published by the New Jersey State Bar Association. Entitled “Supreme Court to ‘Undress’ Standard of Deference Used for DOL Enforcement Positions,” the piece examines how the recent Supreme Court decision to grant certiorari in Sandifer v. U.S. Steel Corp. and whether changing into required safety gear constitutes “changing clothes,” therefore constituting non-compensable time under the Fair Labor Standards Act (FLSA). The article explores the significant impact this decision may have on labor and employment relations and the broader legal community, as the Court is likely to address the amount of deference courts should afford regulatory agencies in the face of inconsistent enforcement positions.

Please click here to read Mr. Vreeland and Mr. Klein’s article.