Lisa Lupion

Lisa Lupion

Orrick, Herrington & Sutcliffe LLP

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More Questions for Employers As DOL Appeals Preliminary Injunction of Overtime Rules

On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District...more

12/5/2016 - Appeals DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Statutory Protections for Freelance Workers: New York City Paving the Way for a New Category of Workers?

Wage and hour laws have traditionally drawn, or at least attempted to draw, a bright line between employees, who are entitled to the protections of wage and hour and other employment laws and independent contractors, who are...more

11/1/2016 - Freelance Workers Gig Economy Independent Contractors Wage and Hour

Up, Up and Away: Another Proposed Increase to the Salary Threshold For Exempt Employees In New York

Just weeks before the United Stated Department of Labor (USDOL) regulations are set to increase the salary threshold for exempt employees throughout the country, the New York State Department of Labor is proposing an even...more

10/27/2016 - DOL Exempt-Employees Minimum Salary Wage and Hour

Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

9/23/2016 - Adverse Employment Action Cat's Paw Hiring & Firing Retaliation Sexual Harassment Title VII

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

5/27/2016 - Arbitration Arbitration Awards EEOC Employment Discrimination Financial Institutions Financial Sector FINRA Mandatory Arbitration Clauses Securities Whistleblowers

Digging Into the New Overtime Regulations

In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more

5/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New York State and New York City Pass Landmark Employment Legislation: Will 2016 Be “The Year of the Worker”?

After agreeing last week on a 2016-17 Executive Budget that includes several key labor and employment provisions, New York State Independent Democratic Caucus Leader Jeffrey Klein declared that “[t]his truly is the Year of...more

4/7/2016 - Employment Discrimination FMLA Human Rights Minimum Wage NYCHRL Paid Family Leave Insurance Program Sexual Orientation Discrimination Wage and Hour

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability...

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...more

4/1/2016 - Employee Benefits FLSA FMLA Paid Leave Popular Termination Wage and Hour

Pork Processing Plant Employees Can Keep the Bacon: Supreme Court Affirms Jury Award and Permits Proof of Wage and Hour Class...

While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more

3/28/2016 - Admissible Evidence Class Action Class Certification Daubert Standards Doffing Donning FLSA Rule 23(b)(3) SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

One Step Closer to Paid Sick Leave for Federal Contractors

The Department of Labor (“DOL”) continues its regulatory dash to fulfill the President’s domestic agenda. The agency issued proposed rules, that seek to make President Obama’s Executive Order 13706, Establishing Paid Sick...more

2/29/2016 - Davis-Bacon Act DOL Employee Benefits Executive Orders Federal Contractors Sick Leave Wage and Hour

New York City Commission on Human Rights Will “Vigorously Enforce” New Legislation to Protect Caregivers From Employment...

On January 5, 2016, New York City Mayor Bill de Blasio signed a bill that added “caregiver” to the list of protected classifications under the New York City Human Rights Law. The law, which takes effect on May 4, 2016, seeks...more

1/14/2016 - Caregivers Employment Discrimination New Legislation NYHRL

New Year, New Laws: A Summary of Hot Button Employment Laws to Hit the Books in 2016

From coast to coast, as the calendar turned to 2016, a host of new employment laws became effective. States and local government are imposing broad obligations on employers well above what federal law requires. This patchwork...more

1/7/2016 - Ban the Box Corporate Counsel Equal Pay Gender-Based Pay Discrimination Minimum Wage Sick Leave Wage and Hour Young Lawyers

All Aboard: New York City Enacts Commuter Benefits Law

In the latest in a series of laws directed at New York City employers, effective January 1, 2016 non-governmental employers with 20 or more full-time non-union employees in New York City are obligated to provide full-time...more

12/22/2015 - Collective Bargaining Agreements (CBA) Commuter Tax Benefits Employee Benefits

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

9/3/2015 - Amicus Briefs Browning-Ferris Industries of California Inc. Franchisee Franchisors Joint Employers McDonalds NLRA NLRB Staffing Agencies Subcontractors Temporary Employees Wage and Hour

Second Circuit Speaks: No Private Settlements of FLSA Actions

In Cheeks v. Freeport Pancake House, Inc., the Second Circuit held that without the approval of a district court or the U.S. Department of Labor, parties cannot secure a stipulation of dismissal with prejudice of an FLSA...more

8/12/2015 - Corporate Counsel Dismissal With Prejudice DOL FLSA Liquidated Damages Settlement Agreements Unpaid Overtime Wage and Hour

Lawyers Entitled to Overtime Pay? Maybe So When Not “Practicing Law”

The Second Circuit revived an FLSA collective action filed by Michael Lola, an attorney licensed to practice law in California, who for fifteen months performed document review services for Skadden Arps, Slate, Meagher & Flom...more

7/27/2015 - Federal Rule 12(b)(6) FLSA Unpaid Overtime Wage and Hour Young Lawyers

“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate Employers’ Workplace Investigations

In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more

7/15/2015 - Anheuser-Busch Confidential Information Hiring & Firing NLRB Piedmont Gardens Popular SCOTUS Unions Witness Statements Workplace Investigations

Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility for White Collar Employees

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor (“DOL”) issued its proposed rule and request for comments on its “white collar exemption”...more

7/2/2015 - DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

In the Nick of Time: Governor Cuomo Approves Repeal of Annual Wage Notices

As employers in New York were gearing up for distribution of the annual wage notices in January 2015, Governor Andrew Cuomo finally signed the amendment to New York’s Wage Theft Prevention Act that was passed by the...more

1/2/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

12/23/2014 - Discrimination Employer Liability Issues Military Service Members USERRA Veterans

Take Your Pick: E.D.N.Y. Decision Offers Guidance for Plaintiffs and Defendants Alike on How to Handle “Picking Off” Attempts in...

“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative...more

11/5/2014 - Collective Actions Federal Rules of Civil Procedure FLSA Rule 68

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

9/23/2014 - Bullying Harassment Sexual Harassment Training Workplace Bullying

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

9/22/2014 - Contract Attorneys FLSA Putative Class Actions Unpaid Overtime

Check This [Box] Out: Ban the Box Legislation Continues to Gain Momentum

An increasing number of cities, counties and states have passed laws restricting employers from inquiring about a job applicant’s criminal background, giving momentum to the “ban the box” movement. The term “ban the box”...more

8/12/2014 - Background Checks Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

6/25/2014 - Employer Liability Issues FLSA Unpaid Interns Volunteers Young Lawyers

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