Subhash Viswanathan

Subhash Viswanathan

Bond Schoeneck & King PLLC

Contact  |  View Bio  |  RSS

Latest Publications


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

Labor and Employment: The Bill Eliminating the Annual Wage Notice Requirement Still Has Not Been Signed by the Governor (12/14)

Nearly six months ago, we reported in a New York Labor and Employment Law Report blog article that the New York Legislature passed a bill eliminating the requirement under the Wage Theft Prevention Act that employers provide...more

12/8/2014 - Annual Notices Pending Legislation Wage Theft Prevention Act

U.S. Department of Labor Issues Final Rule Implementing Executive Order 13658 (Minimum Wage for Certain Federal Contractors)

On October 1, the U.S. Department of Labor announced the issuance of its final rule implementing Executive Order 13658, which establishes a minimum wage requirement for certain federal contractors. The final rule was...more

10/8/2014 - Davis-Bacon Act DOL Executive Orders Federal Contractors Final Rules Minimum Wage Service Contract Act Subcontractors

President Obama Signs Fair Pay and Safe Workplaces Executive Order

On July 31, 2014, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order, which requires bidders on federal procurement contracts for goods and services (including construction) in excess of $500,000 to...more

8/5/2014 - Civil Rights Act Disclosure Requirements DOL Employee Rights Executive Orders Federal Contractors Title VII

Labor and Employment: Legislation Will End Employers’ Annual Wage-Notice Scramble (8/14)

On June 19, 2014, New York Assembly and Senate passed legislation eliminating a Wage Theft Prevention Act requirement that employers must provide wage notices to all employees by Feb. 1 each year. Gov. Andrew Cuomo was...more

8/4/2014 - Notice Requirements Wage and Hour Wages

President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination By Federal Contractors

As expected, President Obama signed an Executive Order yesterday which amends Executive Order 11246 to prohibit federal contractors from discriminating against employees or applicants based on their sexual orientation or...more


Labor and Employment: U.S. Supreme Court Declares President Obama’s NLRB Recess Appointments Unconstitutional (6/14)

On June 26, 2014, the U.S. Supreme Court affirmed the decision issued by the U.S. Court of Appeals for the District of Columbia Circuit that President Obama’s recess appointments to the National Labor Relations Board (NLRB)...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

The New York Legislature Passes a Bill Eliminating the Annual Wage Notice Requirement

Employers in New York will not have to issue annual wage notices to employees in 2015 and beyond. On June 19, 2014, a bill was passed in both the New York Assembly and Senate that eliminates the requirement contained in the...more

6/23/2014 - Hiring & Firing Limited Liability Companies Notice Requirements Personal Liability Wage and Hour Wages

Court of Appeals Holds That Student Safety Concerns Outweighed Teachers’ Picketing Rights

On May 6, 2014, in Santer v. Board of Education of East Meadow Union Free School District, the New York Court of Appeals held that a school district did not violate the First Amendment by disciplining teachers who...more

5/14/2014 - First Amendment Public Schools Right to Picket Right to Strike Safety Precautions Students Teachers

Higher Education Institutions That Are Federal Contractors Face a New Minimum Wage Requirement

While not all colleges and universities meet the definition of a “federal contractor,” many do perform contract work for the federal government. Those institutions will be facing a new minimum wage obligation in connection...more

2/18/2014 - Colleges Executive Orders Federal Contractors Minimum Wage Secretary of Labor Universities

Reminder: Wage Theft Prevention Act Annual Notices Must Be Issued to Employees By February 1

Employers who have employees in New York are required to issue annual notices under the Wage Theft Prevention Act (“WTPA”) to all New York employees between January 1 and February 1, 2014. This is the third year that the...more

1/8/2014 - Annual Notices DOL Wage Theft Prevention Act

25 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.