This week, the United States Department Labor (“DOL”) is conducting its first listening session on the white collar exemptions under the Fair Labor Standards Act (“FLSA”)—more commonly known as the “overtime rule.” ...more
Connecticut Governor Dannel Malloy is poised to sign into law the Act Concerning Pay Equity bill, which has been passed by both the Connecticut House and Senate General Assembly. ...more
5/16/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Pending Legislation ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The New York State Department of Labor has introduced its proposed rules, to address the practice of “on-call” scheduling (also called “just-in-time” or “call-in” scheduling), which the Department describes as “common...more
The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was...more
Effective November 26, 2017, retail employees in New York City will be entitled to advance notice of their scheduled shifts, and the practice of “on-call shifts”–where an employee is required to be available to work but not...more
After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the...more
The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more
On April 5, 2017, the New York City Council passed an amendment to the New York City Human Rights Law prohibiting employers or their agents from inquiring about the salary history of an applicant. The law also restricts an...more
On January 9, 2017, New York State Governor Andrew M. Cuomo proposed a package of reforms to promote his vision of social justice within the state. The wide ranging set of proposals included two Executive Orders focused on...more
Just before their December 31, 2016 planned effective date, the regulations proposed by the New York State Department of Labor in October 2016 were formally adopted on December 28, 2016. Pursuant to the regulations, New York...more
On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District...more
Wage and hour laws have traditionally drawn, or at least attempted to draw, a bright line between employees, who are entitled to the protections of wage and hour and other employment laws and independent contractors, who are...more
Just weeks before the United Stated Department of Labor (USDOL) regulations are set to increase the salary threshold for exempt employees throughout the country, the New York State Department of Labor is proposing an even...more
The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more
In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more
In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more
After agreeing last week on a 2016-17 Executive Budget that includes several key labor and employment provisions, New York State Independent Democratic Caucus Leader Jeffrey Klein declared that “[t]his truly is the Year of...more
Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...more
While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more
3/28/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Daubert Standards ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
The Department of Labor (“DOL”) continues its regulatory dash to fulfill the President’s domestic agenda. The agency issued proposed rules, that seek to make President Obama’s Executive Order 13706, Establishing Paid Sick...more
On January 5, 2016, New York City Mayor Bill de Blasio signed a bill that added “caregiver” to the list of protected classifications under the New York City Human Rights Law. The law, which takes effect on May 4, 2016, seeks...more
From coast to coast, as the calendar turned to 2016, a host of new employment laws became effective. States and local government are imposing broad obligations on employers well above what federal law requires. This patchwork...more
In the latest in a series of laws directed at New York City employers, effective January 1, 2016 non-governmental employers with 20 or more full-time non-union employees in New York City are obligated to provide full-time...more
After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more
9/3/2015
/ Amicus Briefs ,
Browning-Ferris Industries of California Inc. ,
Franchisee ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Temporary Employees ,
Wage and Hour
In Cheeks v. Freeport Pancake House, Inc., the Second Circuit held that without the approval of a district court or the U.S. Department of Labor, parties cannot secure a stipulation of dismissal with prejudice of an FLSA...more