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NY DOL Hits Employers With New Year's Eve Salary Increases

The New York State Department of Labor on Dec. 28, 2016, adopted a rule requiring employers that employ individuals who do not receive overtime pay thanks to their classification as administrative or executive exempt...more

Employers' Use of Independent Contractors Restricted by New Law and Court Decision

Employers nationwide and, in particular, those in New York City and New York state, should carefully consider their obligations to formalize policies concerning independent contractors based on New York City's Freelance Isn't...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

Time Spent in Employer-Mandated Security Checks Held Non-Compensable: U.S. Supreme Court Decision in Integrity Staffing Solutions,...

In a recent U.S. Supreme Court decision, a unanimous court held that time spent by employees in mandatory security checks after work is not compensable, unless the screenings are "integral and indispensable" to the principal...more

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

New York's Highest Court: Indefinite Leave Not Reasonable Under State Law, But Could Be Under NYC Law

In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the...more

N.Y. Court of Appeals Allows Hospitality Industry Employer Broad Discretion in Mandatory Tip Pooling

In decision that is helpful to hospitality industry employers, the New York State Court of Appeals has given restaurants and other food outlets considerable flexibility in establishing mandatory tip pooling for service staff....more

President's Appointments to the NLRB Vacated, 2012 Board Decisions in Jeopardy

Earlier today, the U.S. Court of Appeals for the District of Columbia vacated President Obama's recess appointments to the National Labor Relations Board. The three-judge panel from the D.C. Circuit held that the president...more

Amended Labor Law Section 193 Allows Employers Greater Flexibility with Payroll Deductions

Effective November 6, 2012, amended New York Labor Law section 193 relaxes the overly restrictive dictates of the old law and gives employers greater latitude in making deductions from employee paychecks. Employers should...more

11/6/2012  /  Wage Deductions , Wages
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