With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more
1/12/2024
/ Contract Terms ,
Employer Liability Issues ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
New Regulations ,
New York ,
Separation Agreement ,
Settlement Agreements ,
Severance Agreements ,
State Labor Laws
On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated...more
1/10/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On December 22, 2023, New York Governor Kathy Hochul declined to sign legislation (S3100) that would have outlawed noncompete clauses in virtually all employment contracts. If it had gone into effect, New York would have been...more
On July 9, 2021, President Biden made good on a campaign promise to address non-compete agreements by issuing a sweeping executive order that specifically targets barriers to competition. Specifically, the executive order...more
With states, cities and counties taking measures to reopen after COVID-19, businesses are also faced with reopening and returning employees to work while still facing many unknowns. Despite these unknowns, employers must...more
5/7/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Definition ,
Employer Liability Issues ,
Paid Time Off (PTO) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On September 24, 2019, the US Department of Labor announced a finalized rule increasing the earnings threshold necessary for employees to qualify as exempt from the Fair Labor Standards Act’s (“FLSA”) minimum wage and...more
10/1/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Employers have been waiting for the U.S. Department of Labor (“DOL”) to respond to the injunction halting the implementation of its 2016 proposal increasing the minimum salary threshold for the white collar exemptions. ...more
Recently, we discussed the U.S. Department of Labor’s (“DOLs”) rescission of the 80/20 rule. Unfortunately, less than two months after the DOL’s rescission, the U.S. District Court for the Western District of Missouri...more
1/14/2019
/ 20% Rule ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Standards ,
Restaurant Industry ,
standards ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The application of the 80/20 Rule has been a hot topic in the restaurant industry the last several years because it is the foundation of an onslaught of collective and class action litigation brought by service workers...more
12/17/2018
/ Department of Labor (DOL) ,
Deregulation ,
Employer Liability Issues ,
Food Service Workers ,
Minimum Wage ,
Opinion Letter ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Throughout the month of September, 2018, the U.S. Department of Labor (“DOL”) held five listening sessions across the United States to receive feedback from the public on the minimum salary requirements for the white collar...more
As summer approaches, many businesses are receiving applications and requests from students for internships. In fact, many businesses have internship programs that not only offer students opportunities to increase their...more
The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more
On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more