In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more
On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more
5/23/2020
/ Administrative Interpretation ,
Amended Rules ,
Department of Labor (DOL) ,
Exempt-Employees ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Over-Time ,
Relief Measures ,
Retail Sales ,
Retailers ,
Sales Commissions ,
Salespersons ,
Wage and Hour
As discussed previously, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018....more
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
Yesterday, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order,...more
7/1/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review. After OMB completes its review, the RFI will be...more
6/28/2017
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Minimum Salary ,
OMB ,
Over-Time ,
Public Comment ,
Request For Information ,
Secretary of Labor ,
Stays ,
Trump Administration ,
White-Collar Exemptions
Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more
1/4/2017
/ Appeals ,
Department of Labor (DOL) ,
Interlocutory Appeals ,
Minimum Salary ,
Motion To Intervene ,
Motion To Stay ,
Over-Time ,
Permanent Injunctions ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually)...more
The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100...more
On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to...more
Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more
A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum...more