On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas...more
12/21/2018
/ #MeToo ,
Class Action ,
Collective Actions ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Contract ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 41 ,
Judicial Review ,
Non-Disparagement Provisions ,
OSHA ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
As discussed previously, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018....more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda,...more
The New York City Council recently passed two bills that would amend the NYC Human Rights Law to expand the requirements of employers with four or more employees to provide lactation space for breastfeeding employees. The...more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
10/22/2018
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Obama Administration ,
Rescission ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
The Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (the “Regulatory Agenda”) earlier this week. That’s the biannual report from the federal administrative agencies on the...more
It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new...more
10/16/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Minimum Salary ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Obama Administration ,
Over-Time ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more
9/21/2018
/ Appeals ,
Drivers ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Reaffirmation ,
Salespersons ,
Statutory Interpretation ,
Summary Judgment ,
Taxi Cabs ,
Unpaid Overtime ,
Wage and Hour
As Hurricane Florence makes landfall in the Carolinas, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical scenarios that...more
9/17/2018
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employer Rights ,
Exempt-Employees ,
Flooding ,
Hurricane Florence ,
Local Ordinance ,
Natural Disasters ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Salaried Employees ,
Severe Weather ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour
Summer’s not over yet! On August 28, 2018, the U.S. Department of Labor issued four new letters in response to requests for opinions under the Fair Labor Standards Act. In this most recent slate of letters, the DOL offers...more
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment...more
8/24/2018
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
Non-Disclosure Agreement ,
Public Comment ,
Required Forms ,
Sexual Harassment ,
State Labor Laws
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or...more
Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. The law will take effect on January 1, 2019....more
In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Freelance Isn't Free Act (FIFA) ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
SCOTUS ,
Wage and Hour
Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees....more
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more
In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the...more
5/1/2018
/ Arbitration Agreements ,
Confidentiality Policies ,
Contractors ,
Human Rights ,
Pending Legislation ,
Podcasts ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Subcontractors ,
Training Requirements ,
Vendors
In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general...more
The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex. As opposed to exempt employees—who generally receive a salary intended to compensate them for all working time,...more
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding...more
4/16/2018
/ Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Settlement Agreements ,
Sexual Harassment ,
State Budgets ,
State Contractors ,
State Labor Laws
Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more
In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more
4/9/2018
/ Affirmative Defenses ,
Corporate Counsel ,
Double Damages ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Good Faith ,
Liquidated Damages ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed...more
4/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Consultants ,
Employee Training ,
Governor Cuomo ,
Independent Contractors ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
NYHRL ,
Proposed Legislation ,
Settlement ,
Sexual Harassment ,
State Budgets ,
State Legislatures ,
Vendors
In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service...more
4/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour