Subhash Viswanathan

Subhash Viswanathan

Bond Schoeneck & King PLLC

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U.S. District Court in Texas Issues Nationwide Injunction Preventing New Overtime Rule From Taking Effect

Today, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction preventing the U.S. Department of Labor from implementing its regulations revising the white collar exemptions. Therefore, the...more

11/23/2016 - DOL Exempt-Employees Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Labor and Employment: A Quick Update Regarding the Lawsuits Challenging the USDOL’s White Collar Exemption Regulations (11/16)

As we previously reported, 21 states filed a lawsuit on September 20 against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar...more

11/18/2016 - DOL FLSA Motion for Summary Judgment Over-Time Preliminary Injunctions White-Collar Exemptions

A Quick Update Regarding the Lawsuits Challenging the USDOL’s White Collar Exemption Regulations

As we previously reported, 21 states filed a lawsuit on September 20 against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar...more

11/16/2016 - DOL FLSA Preliminary Injunctions Wage and Hour White-Collar Exemptions

Reminder: New York Election Law Notices Should Be Posted Today

New York’s Election Leave Law requires employers to post a voting leave notice at least ten (10) working days before “every election.” This year, the general election will be held on November 8, 2016. Therefore, employers...more

10/26/2016 - Employer Liability Issues Presidential Elections Voting Rights

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair...more

9/29/2016 - Declaratory Judgments DOL Exempt-Employees FLSA Minimum Salary Over-Time Tenth Amendment Wage and Hour White-Collar Exemptions

USDOL Issues Final Regulations Revising the FLSA White Collar Exemptions

The U.S. Department of Labor recently issued its final regulations revising the white collar exemptions under the Fair Labor Standards Act. Although the final regulations significantly raise the salary threshold for the...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Pending Supreme Court Case Could Affect Collection of Public Employee Union Agency Shop Fees

Recently, the United States Supreme Court commenced a new session with a docket full of interesting cases. One case, Friedrichs v. California Teachers Association, is of particular significance to those in the field of...more

10/19/2015 - CA Supreme Court Collective Bargaining Agreements (CBA) First Amendment Friedrichs v CA Teachers Association Petition for Writ of Certiorari Public Employees Public Employers Unions

OFCCP Issues Final Rule Prohibiting Pay Secrecy Policies and Actions By Federal Contractors

The Office of Federal Contract Compliance Programs (“OFCCP”) issued its Final Rule last week implementing Executive Order 13665 (entitled Non-Retaliation for Disclosure of Compensation Information). Executive Order 13665...more

9/18/2015 - Compensation EEO Employment Policies Executive Orders Federal Contractors Final Rules Hiring & Firing OFCCP Pay Secrecy

President Obama Signs Executive Order Requiring Federal Contractors to Provide Paid Sick Leave

President Obama signed an Executive Order on September 7, 2015, requiring that Federal contractors provide at least seven days of paid sick leave per year to employees working on Federal contracts and subcontracts that are...more

9/11/2015 - Barack Obama Davis-Bacon Act DOL Executive Orders Federal Contractors Healthy Families Act Paid Leave Service Contract Act Service Contracts Sick Leave Subcontractors

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two...more

8/28/2015 - Companionship Exemptions DOL FLSA Home Health Care Home Healthcare Workers Minimum Wage Over-Time Wage and Hour

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements...

The U.S. Department of Labor recently released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions, along with a fact sheet summarizing the proposed rule. The good news for...more

7/29/2015 - DOL Exempt-Employees FLSA Minimum Salary Minimum Wage Non-Exempt Employees Primary Duty Test Wage and Hour White-Collar Exemptions

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry)...more

7/24/2015 - Fast-Food Industry Franchises Labor Commissioners Minimum Wage Restaurant Industry Wage and Hour

USDOL Issues Guidance Regarding Misclassification of Employees as Independent Contractors

On July 15, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2015-1, which provides guidance regarding the misclassification of employees as independent contractors. ...more

7/21/2015 - Administrative Interpretation DOL Economic Realities Test FLSA Independent Contractors Misclassification New Guidance

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements...

The U.S. Department of Labor released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions yesterday, along with a fact sheet summarizing the proposed rule. The proposed rule...more

7/1/2015 - DOL Exempt-Employees FLSA NPRM Wage and Hour White-Collar Exemptions

New York City Council Passes “Ban the Box” Law

On June 10, 2015, the New York City Council passed the Fair Chance Act, which amends the New York City Human Rights Law to prohibit most employers in New York City from making any inquiries about an applicant’s pending arrest...more

6/24/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing Job Applicants New Legislation NYHRL

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

6/3/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII Undue Hardship

NLRB General Counsel Issues Memorandum on Changes in Representation Case Procedures

On April 6, the National Labor Relations Board (“NLRB”) General Counsel issued a guidance memorandum to explain the changes in the procedures for processing union representation petitions under the NLRB’s final rule on...more

4/14/2015 - Ambush Election Rules Final Rules NLRB NLRB General Counsel Union Elections Unions

NYS Acting Commissioner of Labor Accepts the Wage Board’s Recommendation to Increase the Minimum Wage for Tipped Employees in the...

New York State’s Acting Commissioner of Labor, Mario Musolino, issued an Order today, accepting most of the recommendations made by the Hospitality Industry Wage Board, including the recommendation to increase the minimum...more

2/25/2015 - Hospitality Industry Labor Departments Minimum Wage Tipped Employees Wages

New York Hospitality Industry Wage Board Recommends Increase in Tipped Employee Minimum Wage

On September 15, 2014, the New York State Commissioner of Labor assigned the three-member Hospitality Industry Wage Board (“Wage Board”) with the task of reviewing and making recommendations regarding what changes, if any,...more

2/5/2015 - Andrew Cuomo Hospitality Industry Hotels Minimum Wage Restaurant Industry Tipped Employees Wage and Hour Wages

Governor Cuomo Signs the Bill Eliminating the Annual Wage Notice Requirement

Happy New Year! On December 29, Governor Cuomo signed the bill eliminating the requirement under the Wage Theft Prevention Act that employers in New York provide annual wage notices to their employees. ...more

12/31/2014 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act

Reminder: New York Minimum Wage Will Increase on December 31, 2014

The minimum wage for employees in New York will increase from $8.00 per hour to $8.75 per hour effective December 31, 2014. The minimum wage for New York employees will increase again to $9.00 per hour effective December 31,...more

12/22/2014 - Employer Mandates Minimum Wage New Regulations Wage and Hour

Labor and Employment: An Early Holiday Present For New York Employers: The Annual Wage Notice Requirement Will Be Eliminated...

New York employers who have already begun preparing to send out annual wage notices to their employees under the Wage Theft Prevention Act can safely stop their preparations. The bill eliminating the annual wage notice...more

12/19/2014 - Annual Notices Pending Legislation Wage and Hour Wage Theft Prevention Act

NLRB Issues Final Rule on “Quickie” Elections

On December 15, the National Labor Relations Board’s final rule amending the current procedures for handling union representation elections (which has become known as the “quickie” or “ambush” election rule) was published in...more

12/16/2014 - NLRB Quickie Election Rules Union Elections Unions

NLRB Overrules 2007 Decision and Holds That Employees Have a Right to Use Their Employer’s E-Mail System for Union Organizing

On December 11, 2014, the National Labor Relations Board (“Board”) issued a 3-2 decision (with Board Members Philip Miscimarra and Harry Johnson dissenting) in Purple Communications, Inc., holding that employees have a...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Syracuse Common Council Passes “Ban the Box” Ordinance

On December 8, the Syracuse Common Council voted 8-1 to pass a “Ban the Box” ordinance. If the ordinance is signed by the Mayor (or if the Mayor’s veto is overridden by the Common Council), the ordinance would prohibit the...more

12/12/2014 - Ban the Box Conditional Job Offers Contractors Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance Public Entities

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