With 2025 having arrived and a new President known for shattering norms about to assume office, employers are eyeing the inevitable enforcement changes that the new administration will bring. But employers must remember to...more
1/13/2025
/ Anti-Discrimination Policies ,
California ,
Civil Rights Act ,
Data Privacy ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Minimum Salary ,
Minimum Wage ,
New York ,
Over-Time ,
Paid Leave ,
Parental Leave ,
State Labor Laws ,
Wage and Hour
On November 5, 2024, voters will decide the presidential election, and on January 20, 2025, the new president will be inaugurated. Voters will also decide which party will retain control of the House and Senate, a rare...more
The wave of state laws requiring employers to transparently disclose salaries, hourly rates, and benefits for the world to see—a policy aimed at putting more information (read, power) in the hands of workers—now continues in...more
Maryland has been the latest domino to fall in a surge of recent state and local wage transparency legislation across the United States. With at least eight states now requiring employers to post compensation ranges along...more
Starting January 1, 2024, nearly all workers in the state of Illinois are guaranteed at least one week of paid leave under the Illinois Paid Leave for All Workers Act. However, eligibility isn’t guaranteed, and there are some...more
The start of a new year is the time for annual retrospectives, predictions, and promises to get back into the gym. Although we can’t help with that last one, we wanted to take this opportunity to offer our own analysis on the...more
Last week, the Trump-era independent contractor classification rule was officially eradicated by the U.S. Department of Labor, (“DOL”) due to its apparent inconsistency with the Fair Labor Standards Act (“FLSA”). The rule,...more
As we have previously noted on this blog, a central aim of the Trump administration was to take aim at—and rescind—Obama-era labor rules. The Trump Department of Labor (DOL) took what was perceived as a consistently...more
The impact of the legal definition of “employee” versus “independent contractor” under the Fair Labor Standard Act (“FLSA”) and other employment laws cannot be understated. The FLSA’s minimum wage and overtime...more
The independent contractor/employee classification conundrum is nothing new. Courts, state legislatures, and even the IRS have developed a slew of multi-factor tests to assess whether a worker is an employee or independent...more
First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers -
We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more
A recent ruling by the U.S. Department of Labor (DOL) signals the start of the forecasted avalanche of government claims and civil litigation arising from the COVID-19 pandemic and related emergency legislation. ...more
On March 14, the House passed the Families First Coronavirus Response Act (“FFCRA” or "the Act") (HR 6201). This bill is not yet a law, but probably will be voted on this week or next. If the bill is signed into law by the...more
On Monday May 6, 2019, a Florida federal judge denied a strip club’s bid for sanctions against an exotic dancer and her lawyer who filed a so-called “cookie-cutter” Fair Labor Standards Act lawsuit, depriving the strip club...more
On March 26th, the New Jersey Assembly passed legislation that requires employers in New Jersey to provide earned sick leave to their employees. The legislation was then passed by the New Jersey Senate on April 12th, and...more
On March 26th, the New Jersey Assembly passed legislation that requires employers in New Jersey to provide earned sick leave to their employees. The legislation was then passed by the New Jersey Senate on April 12th, and now...more
Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. The New York State Department of Labor (“NYSDOL”) recently released...more
As January draws to a close, New York employers are confronting the reality of many new laws and regulations that govern the employment relationship – from the new Paid Family Leave law, to the new federal tax law. We are...more
1/22/2018
/ Earned Sick Time ,
Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
Work Schedules
As you finish your Thanksgiving preparations the last thing you needed was a major legal development in the area of Employment law – but we had one yesterday.
On November 22, Judge Amos Mazzant, sitting in the Eastern...more
I’m going to say it: wage and hour laws can be a little boring. The vagaries of how to determine a fluctuating workweek, or the DOL’s hyper-specific rules about how much an employer can subdivide time for purposes of reducing...more
It came as no surprise, as reported in a Law360 analysis on May 2, that cases brought under the Fair Labor Standards Act (FLSA) continue to trend upward. The FLSA was for many years a sleepy, antiquated, Depression-era...more