Carolyn Dellatore

Carolyn Dellatore

Proskauer Rose LLP

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Proposed White Collar Exemption Regulations Published In Federal Register

As described in our previous blog post last week, on June 30, 2015 the U.S. Department of Labor finally released its highly anticipated proposed regulations to amend 29 CFR Part 541, the Fair Labor Standards Act’s “white...more

7/7/2015 - Comment Period DOL Federal Register FLSA Proposed Regulation White-Collar Exemptions

Highly Anticipated Proposed Changes to FLSA White Collar Exemptions Released

On June 30th, the U.S. Department of Labor (“DOL”) unveiled its long anticipated proposed rule that will, if enacted, raise the minimum salary threshold required to qualify for exemption from the Fair Labor Standards Act’s...more

7/1/2015 - Best Management Practices DOL Exempt-Employees NPRM Wage and Hour White-Collar Exemptions

DOL To Issue Independent Contractor Guidance

According to an Article in Law360, on June 5, 2015, David Weil, Administrator of the Department of Labor’s Wage and Hour Division, stated that his Office is preparing to release guidance addressing how to assess whether a...more

6/15/2015 - Classification DOL FLSA Hiring & Firing Independent Contractors Interpretive Rule Misclassification New Guidance Wage and Hour

D.C. District Court Vacates Regulation Impacting Overtime Eligibility Under Companionship Exemption

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and overtime exemptions for “companionship” domestic...more

1/5/2015 - Companionship Exemptions DOL FLSA Home Health Agencies Home Health Care Wage and Hour

New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015. This is the second consecutive year that the state’s minimum wage will increase....more

12/22/2014 - Employer Mandates Minimum Wage Wage and Hour

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor...more

12/16/2014 - Independent Contractors Misclassification

New Hampshire Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the New Hampshire Department of Labor recently signed a memorandum of understanding to share information regarding independent contractor misclassification. The agreement is part...more

11/14/2014 - DOL Employee Definition Employer Liability Issues Independent Contractors Misclassification Strategic Enforcement Plan

Four States and Two Cities Hike Their Minimum Wage Rates

Somewhat overlooked in this week’s election were the minimum wage referenda on the ballots in a number of states. Continuing a growing national trend, voters in Alaska, Arkansas, Nebraska and South Dakota approved proposals...more

11/10/2014 - Employee Rights Minimum Wage Wages

$10.2 Million Awarded by DOL to Detect Worker Misclassification

Recently, the U.S. Department of Labor announced awards of $10,225,183 in grants to 19 states to implement or improve worker misclassification detection and enforcement initiatives in their unemployment insurance programs. ...more

11/5/2014 - DOL Employee Definition Federal Grants Incentive Awards Misclassification Strategic Enforcement Plan Unemployment Insurance

“Black Car” Drivers Found to be Independent Contractors

Recently, courts in highly-publicized independent contractor misclassification cases in the transportation sector have issued determinations finding the workers to be employees. However, a recent decision from the Southern...more

10/16/2014 - Drivers FLSA Independent Contractors Misclassification Wage and Hour

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut's minimum wage the highest of any state in the nation by 2017 (if no other state enacts a higher wage in the interim). ...more

4/4/2014 - Minimum Wage Over-Time

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

3/19/2014 - Classification Compensation Agreements DOL Executive Compensation FLSA Over-Time White-Collar Exemptions

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

3/17/2014 - Employee Rights Paid Leave Sick Leave

The Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination ("LAD"), the Conscientious Employee Protection Act...more

12/17/2013 - CEPA Discrimination Internships Unpaid Interns

New Jersey Raises Minimum Wage by Constitutional Amendment

On November 5, 2013, New Jersey voters overwhelmingly approved (by a 61% to 39% margin) a constitutional amendment to raise the state minimum wage to $8.25 per hour starting on January 1, 2014. The amendment further mandates...more

11/11/2013 - Constitutional Amendment Consumer Price Index Inflation Adjustments Minimum Wage

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