Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights.
The Freelance Isn’t Free Act is a recent New York City law that went into...more
8/5/2017
/ Anti-Retaliation Provisions ,
Classification ,
Contract Terms ,
Employer Liability Issues ,
Final Rules ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Resident Status ,
Waiver of Rights
New York’s Paid Family Leave Law (PFLL), the most expansive paid leave law in the nation, goes into effect on January 1, 2018. Leave pursuant to the PFLL will be funded entirely through payroll deductions. To ensure that...more
New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more
Beginning May 15, 2017, independent contractors in New York City will be provided with heightened protections under the law, and those engaging independent contractors will, in most instances, be legally required to do so...more
5/16/2017
/ Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
NYCHRL ,
Pay Gap ,
Popular ,
Salary/Wage History ,
Wage and Hour
On October 20, 2016, the United States Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) jointly issued “Antitrust Guidance for Human Resource Professionals” (the “Guidance”) to educate...more
11/10/2016
/ Antitrust Violations ,
Civil Liability ,
Criminal Liability ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more
8/31/2016
/ Administrative Merits Determinations ,
Amended Regulation ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Guidance ,
Final Rules ,
Labor Law Violations ,
Reporting Requirements ,
Subcontractors
On May 18, 2016, the U.S. Department of Labor (DOL) issued its much-anticipated Final Rule amending the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime pay for executive,...more
In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more
4/7/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Class Representatives ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
Employers in the hospitality industry have been increasingly assessing and updating their tipping practices over the past several years, with some even eliminating tipping all together, affecting both their bottom lines and...more
Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors...more
District of Columbia employers now face and are soon to face a number of new laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the...more
2/10/2015
On November 7, 2014, the Ninth Circuit issued its ruling in Tamosaitis v. URS Inc. and provided clarity on three key aspects of the whistleblower protections afforded under the Energy Reorganization Act (ERA), 42 U.S.C. 5801...more
There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more
The DC Circuit recently heard oral argument regarding a mandamus petition filed by defendants in a qui tam action. The case sheds light on the best practices that companies should utilize to increase the odds that the...more
Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement,...more
Employers and employees are increasingly turning to payroll cards, rather than paper paychecks, to pay and receive their payrolls. However, a class action was filed recently in Pennsylvania challenging certain practices and...more
On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more