Carolyn Dellatore

Carolyn Dellatore

Proskauer Rose LLP

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New Federal Overtime Rule Announced, To Become Effective on December 1st

The DOL has released detailed information about the new overtime exemption rule, which is expected to be published in the Federal Register on May 18, 2016. As predicted in our prior post, the new regulation will take effect...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

New Overtime Rule Expected to Take Effect December 1, 2016

According to Bloomberg BNA, the DOL’s final overtime rule, which is expected to be released May 18, 2016, will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

White Collar Exemption Regulations Move to Final Review Stage

On Monday, March 14, 2016, the U.S. Department of Labor released its final overtime exemption rule to the White House Office of Management and Budget (OMB). The OMB will now conduct its concluding review of the regulation,...more

3/16/2016 - DOL Final Rules FLSA Minimum Salary OMB Over-Time Wage and Hour White-Collar Exemptions

New Jersey Introduces Bill to Raise Minimum Wage to $15 per Hour by Constitutional Amendment

On February 11, 2016, New Jersey State Senate President Steven Sweeney, D-Gloucester, formally introduced legislation for a ballot referendum that would authorize an amendment to the New Jersey State Constitution to raise the...more

2/15/2016 - Ballot Measures Constitutional Amendment General Elections Minimum Wage Proposed Legislation Referendum Votes Wage and Hour

NJ Lawmakers Propose Legislation to Raise Minimum Wage To $15 Per Hour

On February 4, 2016, in Trenton, New Jersey State Assembly Leader Vincent Prieto, Assemblyman John Wisniewski and State Senator Ray Lesniak proposed a bill to raise the state minimum wage from $8.38 to $15 for all New Jersey...more

2/5/2016 - Consumer Price Index Minimum Wage Proposed Legislation Wage and Hour

Federal Court Says Document Review By Contract Attorney Is Exempt Work

On December 30, 2015, a federal district court in Manhattan ruled that a temporary contract attorney was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law for the time he spent assisting in...more

1/4/2016 - Contract Attorneys Corporate Counsel Document Review FLSA Over-Time Putative Class Actions Wage and Hour White-Collar Exemptions

North Carolina Governor Signs Executive Order on Worker Misclassification

On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission. The Order, which took effect immediately, tasked...more

12/28/2015 - Executive Orders Governor Pat McCrory Independent Contractors Misclassification Wage and Hour

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued...more

12/15/2015 - Blackberry Collective Actions Off-Duty Employees Over-Time Smartphones Wage and Hour

Governor Cuomo Vetoes Bill Creating Independent Contractor Test For Newspaper Carriers

Gov. Andrew Cuomo signed several bills into law on Saturday, November 21, 2015. However, one piece of legislation that did not make it past his desk was a measure that would have created a special test under which newspaper...more

12/2/2015 - Governor Cuomo Governor Vetoes Independent Contractors Misclassification Newspapers Wage and Hour

2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space...more

11/25/2015 - China Cybersecurity EU Gift Tax Hedge Funds Hong Kong Internships Popular Private Equity Private Funds Registered Investment Advisors SEC UK Volcker Rule Whistleblowers

New York Extends Sunset Provision on 2012 Wage Deduction Law Amendments to 2018

UPDATE: On October 26, 2015, Governor Cuomo signed a bill (A07594) extending the expiration period of the 2012 amendments to New York Labor Law 193 from three years after their effective date (November 6, 2015) to six...more

11/3/2015 - Amended Legislation Consent Extensions Governor Cuomo New Legislation Overpayment Sunset Provisions Wage and Hour Wage Deductions

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, 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...more

10/8/2015 - DOL Domestic Workers Employee Rights Employer Liability Issues FLSA Grace Period Home Health Agencies Home Healthcare Workers Minimum Wage Motion To Stay New Regulations Over-Time Petition for Writ of Certiorari SCOTUS Wage and Hour

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

On September 3, 2015 the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding...more

9/4/2015 - Audit Reports Audits Collaboration DOL Independent Contractors Investigations Memorandum of Understanding Misclassification Wage and Hour

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

The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more

8/17/2015 - Alaska DOL Employer Liability Issues Independent Contractors Memorandum of Understanding Misclassification State Agencies Unemployment Insurance Wage and Hour

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair...more

7/17/2015 - Administrative Interpretation Administrative Procedure Act Classification DOL Economic Realities Test Employees Employer Liability Issues FLSA FMLA Independent Contractors Interpretive Rule Misclassification Perez v Mortage Bankers Assoc SCOTUS Wage and Hour

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

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