With the U.S. Department of Labor’s recent increases to the minimum salary or fee amount for certain exempt employees, many employers are reviewing the exemption status of their employees. In doing so, employers should be...more
8/12/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On June 28, 2024, the U.S. District Court for the Eastern District of Texas issued a limited injunction of the U.S. Department of Labor’s new regulations increasing the minimum salary that certain executive, administrative,...more
While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more
6/18/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
State Labor Laws ,
Tipped Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more
1/26/2024
/ Compensation & Benefits ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
New York ,
State Labor Laws ,
Wage and Hour
Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more
It’s time again for a look at scheduled state- and local-level wage increases that will take effect on January 1, 2024, along with some rate changes that occurred in late 2023 before publication. Employers can use this...more
11/30/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour ,
White-Collar Exemptions
Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the...more
11/1/2023
/ Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Over-Time ,
Pleading Standards ,
Unpaid Wages ,
Wage and Hour
It’s time again for our mostly rates-only update that summarizes scheduled state- and local-level wage increases throughout the summer and fall of 2023, along with some rate changes that occurred in 2023 before publication....more
In June of 2022, the New York legislature passed the Warehouse Worker Protection Act (WWPA) (A10020/S8922), which Governor Hochul signed into law on December 21, 2022. This legislation followed similar legislation in...more
3/8/2023
/ Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
New York ,
Quotas ,
Regulatory Agenda ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more
2/21/2023
/ City of New York ,
Criminal Liability ,
Criminal Prosecution ,
District Attorneys ,
Employer Liability Issues ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Larceny ,
Local Ordinance ,
New York ,
Regulatory Agenda ,
Wage and Hour ,
Wage Theft
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we summarize scheduled state- and...more
Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B, which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline...more
On June 3, 2022, the New York Legislature passed Senate Bill 8922, the Warehouse Worker Protection Act (WWPA), which if signed into law, would significantly further regulate the working conditions of warehouse workers in New...more
6/14/2022
/ Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New York ,
Pending Legislation ,
Quotas ,
Regulatory Agenda ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
During the final days of its most recent legislative session, the New York State Legislature passed a bill (S8369B) that would mandate contractual forms and terms for businesses that use “freelance workers.” Building on New...more
6/7/2022
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
New York ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide, essentially, a rates-only...more
The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more
In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more
New York City Mayor Eric Adams on Tuesday, January 4, 2022, signed an executive order intended to support small businesses amid the COVID-19 pandemic. Executive Order 2, titled “Small Business Forward: Review and Reform of...more
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that...more
Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to...more
The New York City Council, on September 23, 2021, approved a set of bills that could significantly affect the working conditions of hotel workers and delivery drivers. City councilmembers and workers’ groups have cited...more
Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages. The legislation, titled the “No Wage...more
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide, essentially, a rates-only...more
Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season. ...more
6/3/2021
/ Child Labor ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Internships ,
Rest and Meal Break ,
Seasonal Workers ,
Wage and Hour ,
Work Permits