That’s what DOL Solicitor of Labor, M. Patricia Smith, reportedly said at the 2016 American Bar Association’s Midwinter Meeting. But remember: she also said at another conference in November 2015 that the DOL was targeting a...more
Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more
Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more
New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next...more
July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more
The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more
The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more
11/4/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Discipline ,
Employee Transfers ,
Employer Liability Issues ,
Franchises ,
General Contractors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Unfair Labor Practices ,
Wage and Hour
In case you were wondering, and we that know you were, Governor Cuomo recently signed a bill that extends the 2012 amendments made to NY’s Wage Deduction Law until November 2018. Without the extension, the amendments would...more
New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more
10/30/2015
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Pay Secrecy ,
Attorney's Fees ,
Disparate Impact ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Family Status Discrimination ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Liquidated Damages ,
New Legislation ,
Pregnancy Discrimination ,
Sex Discrimination ,
Sexual Harassment ,
Wage and Hour
At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more
10/12/2015
/ Board of Directors ,
Breach of Duty ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Counsel ,
Corporate Officers ,
Directors ,
Duty of Loyalty ,
Employee Benefits ,
Employee Rights ,
Fiduciary Duty ,
Good Faith ,
Layoffs ,
Lost Wages ,
Personal Liability ,
Wage and Hour ,
WARN Act
A panel appointed by New York Governor Andrew Cuomo recommended a minimum hourly wage increase to $15 for fast food service workers on Wednesday. The recommendation comes just three months after Governor Cuomo tasked the...more
The DOL is at it again. First it was the highly-anticipated release of the proposed overtime rules a few weeks ago, and now the Department’s Wage and Hour Division has issued an “Administrator’s Interpretation” – its first...more
7/17/2015
/ Administrative Interpretation ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Wage and Hour
A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act. A generic release contained in a settlement agreement won’t do...more
The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more
The Department of Labor has released its long-awaited notice of proposed rulemaking updating the Fair Labor Standards Act’s white collar overtime exemptions. The DOL released the proposed rule on Tuesday morning and will...more
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below.
Gomez: The Effect of Rule 68...more
6/29/2015
/ Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Fair Labor Standards Act (FLSA) ,
Genesis Healthcare Corp. v. Symczyk ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
TCPA ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation...more
“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you. I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep...more
The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more
If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more
This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more
3/17/2015
/ At-Will Employment ,
Background Checks ,
Disparate Impact ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Harassment ,
Involuntary Reduction in Force ,
Minimum Wage ,
Non-Solicitation Agreements ,
OWBPA ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Rest and Meal Break ,
Retaliation ,
Training Requirements ,
Transgender ,
Unpaid Interns ,
Wage and Hour ,
Wage Deductions ,
WARN Act
Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective...more
“And you’re wondering . . . am I appreciated . . . I’m not really appreciated, should I play like I’m appreciated, but I’m not that appreciated . . .but I think my employer might appreciate me . . . but do I want to be...more
Recently, Mintz Levin held a seminar in New York City that we designed to address some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law,...more
The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more