A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more
1/23/2025
/ Appeals ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Evidence ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Misclassification ,
Over-Time ,
SCOTUS ,
Standard of Proof ,
Wage and Hour
New York Governor Kathy Hochul recently added to the New York State Labor Law by signing a bill titled “the New York Retail Worker Safety Act” (“RWSA”). The State Legislature crafted the RWSA to promote retail worker safety...more
The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to...more
The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more
As explained in our previous legal alerts, which are available here and here, the New York Health Essential Rights Act (“HERO Act”) requires all private employers to, among other things, develop infectious disease exposure...more
Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020, the State of New York filed a lawsuit against the DOL, challenging several...more
On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administration of leave under the Family and Medical Leave Act (“FMLA”). In connection with the...more
In an Executive Order issued late Friday night, Gov. Andrew Cuomo's office clarified that individuals who voluntarily travel to states with significant coronavirus spread will not be entitled to paid quarantine leave from...more
As explained in our previous legal alert, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced last month that most employers would not be required to determine if workers’ COVID-19...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released new guidance for employers on Friday, April, 10, 2020. The guidance offers helpful clarifications and scales back enforcement of...more
Under the Fair Labor Standards Act, non-exempt employees must receive one and one half times their regular rate of pay for all hours worked over forty in a work week. The “regular rate” is generally calculated by dividing...more
12/27/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fringe Benefits ,
Non-Exempt Employees ,
Popular ,
Rate of Pay ,
Wage and Hour
On September 24, 2019, the United States Department of Labor (“DOL”) released the long-awaited revised rule regarding overtime exemptions under the federal Fair Labor Standards Act (“FLSA”). The rule makes adjustments to the...more