In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more
9/13/2024
/ Administrative Authority ,
Biden Administration ,
Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
As previously reported, on April 23, the DOL issued a final rule updating and revising the regulations implementing the FLSA’s EAP exemption. The final rule makes three core changes...more
7/2/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Litigation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Over the weekend, the New York State Legislature passed the state budget for fiscal year 2025. The budget contains expanded access to paid leave for pregnant employees, including up to 20 hours of leave per year for pregnant...more
Just yesterday (April 23, 2024), the U.S. Department of Labor (DOL) finally announced its long-awaited final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and...more
President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more
As most employers are well aware, wage and hour claims continue to be one of the most expensive employment law risks. In 2022, the 10 largest reported settlements for wage and hour actions totaled $574 million....more
The New York City Department of Consumer and Worker Protection adopted new amended rules to the ESSTA. The amended rules, which just went into effect on Oct. 15, essentially codify the 2020 statutory amendments to the ESSTA...more
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows...more
On March 15, 2023, the U.S. Department of Justice (DOJ or the Department) launched a three-year Compensation Incentives and Clawbacks Pilot Program (Clawback Program) intended to incentivize companies to create more robust...more
3/30/2023
/ Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Executive Compensation ,
Incentives ,
Pilot Programs ,
Preemption ,
Section 10D ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
State Labor Laws ,
Wage and Hour
Since the recent NYC Pay Transparency law came into effect on November 1, companies now have new requirements to consider as it relates to their job postings. With several other states and cities having enacted similar laws...more
As a reminder, in follow-up to our Employment Law Spotlight Blog, effective September 30, 2020, New York state employers must provide New York state sick leave (NYSSL) to employees. Although the NYSSL law goes into effect...more
Employers and employees alike have had much confusion around proper compensation when nonexempt employees work remotely – particularly in today’s time when many employees are teleworking and working crazy schedules due to...more
Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget....more
Welcome to the winter edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
12/20/2019
/ Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Parental Leave ,
Reproductive Discrimination ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Welcome to the fall edition of the BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/8/2019
/ Anti-Harassment Policies ,
Domestic Violence ,
Employee Training ,
Failure to Accommodate ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Medical Marijuana ,
Misclassification ,
NLRA ,
NLRB ,
Race Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
Welcome to the Summer edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
7/1/2019
/ #MeToo ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Sexual Harassment ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
4/1/2019
/ Arbitration ,
Breastfeeding ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Expression ,
Lactation Accommodation ,
Minimum Wage ,
On-Call Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more
10/4/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
Medical Leave ,
Misclassification ,
No-Poaching ,
Non-Compete Agreements ,
Paid Leave ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Tipped Employees ,
Title VII ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our...more
7/20/2018
/ #MeToo ,
Anti-Harassment Policies ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Policies ,
Fast-Food Industry ,
NLRB ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Paid Leave ,
Popular ,
Retailers ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Wage and Hour ,
Work Schedules
Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and...more
That’s right. Just when many employers started getting used to New York City’s Earned Sick Time Act (“ESTA”), New York City went ahead and adopted the final amended Earned Sick Time Act Rules (“Final Amended ESTA Rules”). The...more