On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026.
This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more
On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”)....more
Due to the COVID-19 pandemic and the resulting shelter-in-place and related orders, many businesses across America have already shuttered, while others are on the brink of collapse. ...more
Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more
12/20/2019
/ Common Law Claims ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Proposed Legislation ,
Rest and Meal Break ,
Strict Compliance ,
Wage and Hour
Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more
10/2/2018
/ Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Navarro v Encino Motorcars ,
Opinion Letter ,
Tipped Employees ,
Unpaid Overtime ,
Wage and Hour
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more