Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall...more
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022....more
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker...more
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software. With your timekeeping systems compromised, how do you determine what to pay your...more
10/27/2022
/ Attendance ,
Compensation ,
Cyber Attacks ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Payroll Records ,
Ransomware ,
Real Time Payment (RTP) ,
Risk Management ,
Software ,
Timekeeping ,
Vendors ,
Wage and Hour
New York City’s pay transparency law, which will require most New York City employers to disclose salary ranges in their job postings, takes effect November 1, 2022. As we previously reported, the new law amends the New York...more
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share.
Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL -
As...more
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more
The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and...more
6/7/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New York ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Salaried Employees ,
Wage and Hour
The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings. The bill amends several aspects of the law, including,...more
5/2/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law.
As we previously reported, the new law will make...more
3/25/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCCHR ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings.
As we previously reported, the new law will make it an unlawful...more
3/22/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as...more
Shortly after his election in November 2021, New York City Mayor Eric Adams announced that he would accept his first three paychecks in Bitcoin. On January 20, 2022, the day before his first paycheck from the City was...more
3/9/2022
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Currency ,
Employer Liability Issues ,
Ethereum ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
Regulatory Oversight ,
Securities Regulation ,
State Labor Laws ,
Wage and Hour
The new federal rule requiring employers with 100 or more employees to mandate that their workers be vaccinated or undergo weekly testing takes effect on January 4, 2022. ...more
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but...more
10/18/2021
/ Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Screening Procedures ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more
9/29/2021
/ Construction Contracts ,
Construction Workers ,
Contractors ,
Employee Rights ,
Employer Liability Issues ,
Joint and Several Liability ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Subcontractors ,
Upstream Contracts ,
Wage and Hour ,
Wages
We appear to be on the precipice of a federal government shutdown. Absent a political compromise, the federal government’s funding will run out on September 30, 2021, and the White House has instructed federal agencies to...more
New York Governors seem to have a history of favoring employees with Labor Law giveaways as they check out of the Executive Mansion. (Remember the Wage Theft Prevention Act, signed by David Paterson days before he left office...more
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more
The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”). The DOL’s action removes the regulations established...more
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section...more
Remember the Trump administration’s new rule for classifying workers as independent contractors? The one issued on January 6, 2021, only weeks before President Biden took office? The one that would have revised the U.S....more
On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour...more
In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we...more
We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level...more