On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more
The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive and administrative employees...more
A major transition in government is well underway. As we look back over the past 12 months, we are reminded of employment, labor, and workforce management issues that remain top of mind to all employers. In this Take 5, the...more
12/15/2016
/ Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Gender Discrimination ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Preliminary Injunctions ,
Sick Leave ,
Transgender ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) announced proposed amendments to the state’s minimum wage orders (“Proposed Amendments”) to increase the salary basis threshold for executive and...more
It is no secret that the wage and hour requirements found in the myriad of federal, state, and local laws and regulations present unique challenges to employers across the country. Those challenges are further complicated by...more
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary...more
7/14/2016
/ Americans with Disabilities Act (ADA) ,
De-Risking ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Preemption ,
Safe Harbors ,
Wage and Hour ,
Wellness Programs
Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more
On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions to the Fair Labor Standards Act (“FLSA”) to significantly increase the number...more
On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions to significantly increase the number of employees eligible for overtime pay....more
Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)...more
3/1/2016
/ Corporate Counsel ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
OFCCP ,
Popular ,
Sarbanes-Oxley ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
As federal, state, and local governments have focused in recent years on what they have termed “wage theft,” the classification of workers as independent contractors has been the subject of agency audits and litigation...more
The New York State Department of Labor (“NYSDOL”) recently announced that it had published proposed regulations (“Proposed Regulations”) governing employers’ use of payroll debit cards as a permissible method of wage payment....more
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit reversed a federal district court decision that had held that certain unpaid interns should have been classified and paid as employees under both the federal...more
7/8/2015
On February 24, 2015, New York State Acting Commissioner of Labor Mario J. Musolino issued an order (“Order”) increasing the subminimum cash wage for all tipped workers in the hospitality industry from the current $5.00...more
The hospitality industry is particularly fertile ground for a wide variety of wage and hour issues, which continue to plague management through steadily increasing federal and state department of labor investigations and...more
On Election Day this year, Massachusetts voters responded affirmatively, by a margin of 60 percent to 40 percent, to the Massachusetts Paid Sick Days Initiative. ...more