The Notice of Proposed Rulemaking with respect to the U.S. Department of Labor’s proposed updated overtime exemptions rule was published in the Federal Register on September 8, 2023. The 60-day public comment period closes...more
On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions. The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published...more
The potential New York ban on non-compete agreements, approved by the both houses of the state Legislature back in June, has generated a significant volume of press, commentary, and speculation—but it hasn’t yet been signed...more
In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at...more
On July 3, 2023, Hawaii Governor Josh Green signed S.B. 1057 into law, expanding equal pay protections and making Hawaii the latest state to require certain employers to disclose salary information in their job...more
The U.S. Supreme Court has agreed to hear a case challenging its landmark 1984 decision in Chevron v. Natural Resources Defense Council. The high court’s ruling could have important implications on federal officials’...more
On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately...more
The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of...more
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more
A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.” If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in...more
It’s always exciting when the Supreme Court takes up a wage and hour issue—at least for us. Earlier this week, in Helix Energy Solutions Group, Inc. v. Hewitt, the court tackled the question of whether a daily rate can...more
The New York State Legislature has approved chapter amendments to New York State’s pay transparency law, which is slated to take effect on September 17, 2023. The most notable revision would provide that the law applies to...more
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions. The annual increases are published by the Commissioner of Labor on...more
It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a wage and hour issue and clear up some ambiguities in the law or a circuit split. ...more
As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed,...more
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the...more
Effective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be...more
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall...more
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker...more
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software. With your timekeeping systems compromised, how do you determine what to pay your...more
10/27/2022
/ Attendance ,
Compensation ,
Cyber Attacks ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Payroll Records ,
Ransomware ,
Real Time Payment (RTP) ,
Risk Management ,
Software ,
Timekeeping ,
Vendors ,
Wage and Hour
New York City’s pay transparency law, which will require most New York City employers to disclose salary ranges in their job postings, takes effect November 1, 2022. As we previously reported, the new law amends the New York...more
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share.
Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL -
As...more
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more