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Shifty Business III: NYS Proposes Rules Requiring Pay for On-Call Scheduling Practices

Seyfarth Synopsis: Proposed rules released by the NYS DOL would require employees to be paid for time not worked due to on-call scheduling practices....more

Hello & Goodbye: More Changes at the NLRB

As we previously reported, President Trump nominated two candidates for vacancies on the five-member National Labor Relations Board – William Emanuel and Marvin Kaplan. ...more

New York Appellate Court Strikes Down Class Action Waivers

As our loyal readers are well aware, the U.S. Supreme Court is scheduled to hear oral argument in its Fall 2017 term regarding the enforceability of arbitration agreements with class and collective action waivers. This has...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

New York DOL Challenges Rescindment of Payroll Debit Card and Direct Deposit Regulations

Seyfarth Synopsis: The New York Department of Labor has mounted a challenge to the successful appeal of its promulgated regulations governing payment to employees via payroll debit cards and direct deposit. The regulations...more

Don’t Judge a Conditional Certification Motion by Its Cover

Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more

New York Industrial Board of Appeals Rescinds Payroll Debit Card and Direct Deposit Regulations

Seyfarth Synopsis: Regulations that would have restricted New York employers’ ability to pay employees via payroll debit cards have been struck down by an administrative review tribunal within the State Department of Labor....more

It's a New Year in New York

Seyfarth Synopsis: New York employers are facing a host of changes in wage and hour regulations for 2017: an increase to the minimum salary amounts for exempt status; increases in the minimum wage; and changes in the amount...more

NY DOL Approves Regulations to Increase Salary Threshold for Exempt Employees

With employers about to ring in 2017, the New York State Department of Labor—with only two days to spare—has finalized regulations to increase the salary threshold for exempt status. The regulations, originally introduced on...more

No “Double Dipping”! Second Circuit Rejects Combination of Liquidated Damages Under FLSA and NY Labor Law

Amid the uncertainty concerning the DOL’s enjoined overtime exemption rules and similar state-led efforts to increase the salary threshold, such as in New York, the Second Circuit recently gave employers an early holiday...more

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more

NY DOL To Increase Salary Threshold for Exempt Employees

As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

SDNY Adopts Pilot Mandatory Mediation Program for FLSA Cases

As we all know, wage and hour litigation continues to soar to record highs. We expect 2016 will be another record year and that the revisions to the white collar exemptions effective December 1st will further increase the...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to...more

The NLRB Guards “Mixed-Guard” Units Against Withdrawn Recognition

Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a...more

6/21/2016  /  Collective Bargaining , NLRA , NLRB , Unions

A Costly Lesson For Employers On Replacement Workers

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

Doing the “Two Step”: Court Denies Second Stage Certification of FLSA Claims

Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA. However, a recent decision from the Eastern District of New York highlights that plaintiffs may...more

Opening The Vault – The EEOC’s New Position On Handing Over Position Statements To Charging Parties

With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Seventh Circuit “Releases” CVS From EEOC’s Separation Agreement Attack

As we previously blogged about, the EEOC has gone on the offensive challenging employer severance agreements. In one such case, the EEOC attacked CVS Pharmacy Inc.’s standard release agreement which contained terms more...more

’Tis the Season for New Jersey CEPA and Gender Equity Notices

It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees. First, those employers with 10 or more employees,...more

12/18/2015  /  CEPA , Gender Equity , Notice Requirements
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