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New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more

New York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers

Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to...more

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

Ninth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings

On November 12, 2014, in Greg Landers v. Quality Communications Inc., the Ninth Circuit clarified a previously unsettled point of law by confirming that Fair Labor Standards Act (FLSA) pleadings must meet the specificity...more

Third Circuit Says Classwide Arbitration a Matter for Courts to Decide

The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration....more

Expected Executive Order Protecting LGBT Employees has Implications for Employers

The White House announced last week that President Barack Obama is preparing to issue an executive order prohibiting government contractors from discriminating against employees or job applicants on the basis of sexual...more

Obama Signals Greater Scrutiny on Workplace Pay with Latest Budget

Employers beware: President Obama’s recent budget proposal may portend a Department of Labor crackdown on workplace pay issues in 2015. As part of the 2015 fiscal year budget which President Obama submitted to Congress...more

3/14/2014  /  DOL , Unpaid Overtime , Wage and Hour

NLRB Abandons Fight Over Mandatory Workplace Poster Rule

For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”). Those efforts met with...more

New Jersey Voters Approve Increase to State’s Minimum Wage

On November 5, 2013, residents of New Jersey voted 61 to 39 percent to amend the New Jersey state constitution to increase the state’s hourly minimum wage from $7.25 to $8.25. The minimum wage increase will go into effect on...more

11/12/2013  /  Minimum Wage

New Jersey Law Now Protects Employees Who Ask Fellow Employees (or Former Employees) for Their Salary Information

Effective August 29, 2013, New Jersey’s Law Against Discrimination prohibits employer reprisals against an employee who asks another employee, or former employee, for her rate of pay, as well as other information such as the...more

Another Circuit Court Finds President's NLRB Recess Appointments Unconstitutional

Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor...more

Update: New York Department of Labor Releases Proposed Wage Deduction Regulations

As we detailed in a previous blog post, in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended...more

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