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House Passes Private Sector “Comp Time” Bill, But Is It Practical For Employers?

In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime...more

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal...

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process....more

New York Regulations on Wage Payment Methods Declared Invalid

As we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages...more

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect....more

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

The City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. The law, which amends the city’s current Fair Practices...more

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More...

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more

New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption

The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100...more

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are...more

Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit

In a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15-3142-cv–held that an award of liquidated damages under both the Fair Labor Standards Act...more

Portland, Oregon Adopts First-of-Its-Kind CEO Pay Ratio Tax on Employers

The Portland, Oregon City Council has passed an ordinance that will impose a tax surcharge on publicly traded companies whose chief executive officers are paid at least 100 times more than the median pay of other company...more

Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction

On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this...more

DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction

On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more

DOL to Appeal Texas Court’s Injunction of New Overtime Rule

Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more

Federal Court Blocks DOL Overtime Rule

A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum...more

2016 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and Other Private Funds

This special report provides a summary of some of the significant changes and developments that occurred in the past year in the private equity and hedge funds space, as well as certain recommended practices that investment...more

Wage and Hour Implications with President-Elect Trump

Aside from proposing potential carve-outs for small businesses under the new overtime rules that go into effect on December 1, 2016 and supporting six weeks of paid maternity leave, President-elect Trump has not discussed in...more

What’s Next for Traditional Labor with President-Elect Trump in Office?

President-elect Trump’s strong base with blue collar workers helped him win yesterday’s election, despite significant union backing for Hillary Clinton during the campaign. Trump has not, however, revealed details on how he...more

NYSDOL Proposes New Rules to Implement Minimum Wage Hikes

On October 19, 2016, the New York State Department of Labor published a proposed rule amending the Minimum Wage Orders codified at 12 NYCRR Parts 141, 142, 143, and 146, to implement the minimum wage increases passed by the...more

30 Days Until New Overtime Rules Take Effect

The new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1....more

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate...more

NYC Council Passes Bill Protecting Freelance Workers

Yesterday the New York City Council passed the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The bill now goes to the Mayor’s desk for signature....more

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