On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a new final rule through which it has significantly raised the bar for businesses to continue to classify their employees as exempt from overtime pursuant to...more
On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more
On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026.
This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more
The Clash famously asked “Should I stay, or should I go?” on their 1982 album, Combat Rock, and with recent attacks on non-competes at both the state and federal level, some employers are imposing additional costs on...more
On March 23, 2023, Utah Governor Spencer Cox signed into law Senate Bill 73 (“SB 73”) expanding the group of employees eligible for tip pooling by allowing employers to include non-tipped employees in a bona fide tip pooling...more
The lingering morning chill in the air (at least, here, in the Northeast) suggests that summer is not quite here, but as the daylight persists through the evening hours, businesses small and large are gearing up for yet...more
The Biden Administration continues to increase administrative agency enforcement initiatives....more
On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID). Launched in March 2018 by the Wage and Hour Division (WHD), PAID was...more
In a provocative decision in the case known as Swales v. KLLM Transport Servs., L.L.C., No. 19-60847 (5th Cir. 2021), the U.S. Court of Appeals for the Fifth Circuit broke from the pack by upending the standard two-step...more
Rules relating to tip credit and pooling have resulted in a significant amount litigation in the hospitality industry, and, in many cases, substantial liability or settlements. Yesterday, the U.S. Department of Labor (“DOL”)...more
On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”)....more
On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more
While the COVID-19 pandemic remains a challenge to employers nationwide, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to field non-COVID-related wage and hour questions. ...more
Continuing New York State’s four-phased plan for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York has released summary and detailed guidelines...more
With summer rapidly approaching and COVID-19 shelter-in-place orders still in effect, many companies face an important and difficult decision of canceling this year’s summer programs, delaying start dates or conducting...more
Due to the COVID-19 pandemic and the resulting shelter-in-place and related orders, many businesses across America have already shuttered, while others are on the brink of collapse. ...more
In addition to its recent, exigent responsibility of preparing guidance on the protections and relief offered by the Families First Coronavirus Response Act, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has...more
4/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Rate of Pay ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Wage and Hour
The U.S. Department of Labor (“DOL”) has invited employers and employees to engage in a “national online dialogue” in connection with the expected April 2, 2020 implementation of the Families First Coronavirus Response Act...more
Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote...more
In response to the spreading 2019 novel coronavirus (“COVID-19”) pandemic, which has now been declared a national emergency by President Trump, the Department of Labor has released guidance to employers, summarized more fully...more
As the number of U.S. states reporting cases of COVID-19 coronavirus increases, many employers are imposing mandatory work from home (“WFH”) policies to mitigate risk of contamination and ensure business continuity....more
3/11/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Exempt-Employees ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
Non-Exempt Employees ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
Happy #WorkforceWednesday to all employers. Here’s the week’s top workforce management and employment law news:
Coronavirus To-Dos: Work-from-Home Policies (Video)
In the event the coronavirus spreads drastically, many...more
In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more
1/16/2020
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Lump Sum Payments ,
Minimum Salary ,
Over-Time ,
Rulemaking Process ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
With the start of the New Year, new state and local minimum wage increases have gone into effect for non-exempt employees across the country.
...more
…With the start of the New Year, employers in the hospitality sector should prepare for new state- and local- minimum wage increases for their non-exempt employees. To help multi-jurisdictional employers easily navigate...more
1/3/2020
/ Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Non-Exempt Employees ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages