Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees....more
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more
In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the...more
5/1/2018
/ Arbitration Agreements ,
Confidentiality Policies ,
Contractors ,
Human Rights ,
Pending Legislation ,
Podcasts ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Subcontractors ,
Training Requirements ,
Vendors
In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general...more
The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex. As opposed to exempt employees—who generally receive a salary intended to compensate them for all working time,...more
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding...more
4/16/2018
/ Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Settlement Agreements ,
Sexual Harassment ,
State Budgets ,
State Contractors ,
State Labor Laws
Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more
In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more
4/9/2018
/ Affirmative Defenses ,
Corporate Counsel ,
Double Damages ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Good Faith ,
Liquidated Damages ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed...more
4/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Consultants ,
Employee Training ,
Governor Cuomo ,
Independent Contractors ,
Mandatory Arbitration ,
Non-Disclosure Agreement ,
NYHRL ,
Proposed Legislation ,
Settlement ,
Sexual Harassment ,
State Budgets ,
State Legislatures ,
Vendors
In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service...more
4/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more
3/13/2018
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Religious Freedom Restoration Act (RFRA) ,
Reversal ,
Sex Discrimination ,
Sexual Stereotyping ,
Substantial Burden ,
Summary Judgment ,
Title VII ,
Transgender ,
Wrongful Termination
Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”). Under PAID, employers can...more
The Austin, Texas City Council has enacted a paid sick and safe leave ordinance, becoming the first southern city to pass such a law for private sector employees. The ordinance will take effect on October 1, 2018 for...more
As cryptocurrencies surge in value and enter mainstream consciousness, an increasing number of employers may consider compensating their employees with bitcoin, ether, or other cryptocurrencies. While a cryptocurrency...more
2/14/2018
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Currency ,
Minimum Wage ,
Over-Time ,
Payroll Periods ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Wage and Hour
Continuing the pro-business activities many expected from the agency, the U.S. Department of Labor has revived 17 Fair Labor Standards Act opinion letters that were published in the waning days of the Bush Administration in...more
The U.S. Department of Labor announced in a January 5, 2017 press release that it was scrapping the six-factor test it had used for years to determine whether interns are employees for purposes of the Fair Labor Standards Act...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
In its November 17, 2017 opinion in Galindo v. East County Louth, Inc. (No. 16 Civ. 9149), the Southern District of New York denied a motion to approve an individual FLSA settlement, including on the ground that the...more
On November 15, 2017, in a case of first impression in the Ninth Circuit, the Court of Appeals adopted the longstanding position of sister circuits and the U.S. Department of Labor that for purposes of determining whether an...more
The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s...more
On the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on...more
In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more
9/8/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On Thursday, the Texas federal district court that had issued a preliminary injunction in November 2016 blocking implementation of the Obama Administration’s revised overtime rule granted the plaintiffs’ motion for summary...more
As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical...more
8/30/2017
/ Collective Bargaining Agreements (CBA) ,
Document Destruction ,
Donations ,
Employee Handbooks ,
Exempt-Employees ,
Force Majeure Clause ,
Hurricane Harvey ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Severe Weather ,
State Labor Laws ,
State of Emergency ,
Unpaid Leave ,
Vacation Pay ,
Wage and Hour
The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)....more