On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more
Seyfarth Synopsis: Beginning July 31, 2023, New Jersey employers will face additional unemployment insurance reporting obligations and significantly increased penalties for noncompliance with new amendments to the...more
Seyfarth Synopsis: New Jersey Governor Phil Murphy signed a legislative package into law on July 8, 2021 that increases enforcement mechanisms for state agencies to impose a variety of penalties against employers who...more
Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages. This new law is one of several key wage and hour proposals originally advanced by...more
12/16/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The New York State Labor Law has been amended to prohibit employment discrimination “based on an employee’s or a dependent’s reproductive health decision making.” The law not only prohibits discrimination...more
11/22/2019
/ Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Human Rights ,
Labor Regulations ,
NYCHRL ,
Private Right of Action ,
Reproductive Discrimination ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more
Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more
9/21/2018
/ Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Deportation ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
Popular ,
Raids ,
Subpoenas ,
Unfair Labor Practices ,
Unions
Seyfarth Synopsis: The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to establish certain definitions and clarify the scope of protections with respect to gender under the New...more
8/22/2018
/ Comment Period ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Gender Discrimination ,
Human Rights ,
LGBTQ ,
NYCHRL ,
Proposed Amendments ,
Reasonable Accommodation ,
Sex Discrimination ,
State and Local Government ,
Transgender
Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more
Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more
Amid the uncertainty concerning the DOL’s enjoined overtime exemption rules and similar state-led efforts to increase the salary threshold, such as in New York, the Second Circuit recently gave employers an early holiday...more
Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more
Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more
10/12/2016
/ Corporate Counsel ,
Discrimination ,
Disparate Treatment ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Hiring & Firing ,
NJ Supreme Court ,
Race Discrimination ,
Remittitur ,
Retaliation
Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more
7/27/2016
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employee Handbooks ,
Employment Policies ,
NLRA ,
NLRB ,
Non-Solicitation Agreements ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Social Media Policy
Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA. However, a recent decision from the Eastern District of New York highlights that plaintiffs may...more
With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more
As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more
1/8/2016
/ Americans with Disabilities Act (ADA) ,
AutoZone ,
Corporate Counsel ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Jury Instructions ,
Popular ,
Reasonable Accommodation ,
Wellness Programs ,
Young Lawyers
As we previously blogged about, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked CVS Pharmacy Inc.’s standard release agreement which contained terms more...more
We have previously blogged about the impact of the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015). As we predicted, the true impact of Mach Mining will not be known until...more
We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more
10/30/2015
/ ADEA ,
Age Discrimination ,
Conciliation ,
Corporate Counsel ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Mach Mining v EEOC ,
Motion for Reconsideration ,
Popular ,
SCOTUS ,
Separation Agreement
In a decision worth reading for all class action practitioners, especially those who face Equal Pay Act (“EPA”) issues, Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York denied equitable...more