As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage...more
Although the federal Family First Coronavirus Response Act (“FFCRA”) and state laws specifically tailored to the COVID-19 pandemic (such as the New York Quarantine Leave Law, which we discuss here have taken center stage...more
On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more
The New York State Legislature and Governor Cuomo have been busy in 2019 enacting laws that will have a lasting impact on employers and workers in the Empire State for years to come. Among these are bans on inquiring about...more
In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy....more
Most New York employers know about the state's election leave law, but may have never thought much about it since hanging the required poster in the break or copy room. However, new changes passed by the state legislature...more
On April 28, 2018 New Jersey Governor signed the Diane B. Allen Equal Pay Act into law. The Equal Pay Act amends New Jersey’s existing Law Against Discrimination (referred to as "LAD") by requiring equal pay across all...more
On January 25, 2019, the NLRB repealed the test devised by the Obama Board to determine whether an individual is an employee or an independent contractor under the National Labor Relations Act ("NLRA"). Critically, the NLRA...more
In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more