In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more
2/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Minimum Wage ,
New Rules ,
Tip-Pooling ,
Tipped Employees ,
Trump Administration ,
Wage and Hour
New York City recently amended its New York City Human Rights Law (NYCHRL) to ban drug testing applicants for marijuana, with exceptions for positions involving construction, police, commercial driving, supervision of...more
Within the last several days, New York and New Jersey took action to mitigate the impact of the coronavirus (COVID-19) pandemic on employees and to help protect their employment status during this uncertain economic time....more
• New York City (NYC) employers must provide nursing mothers with a lactation room with accommodations, including an electrical outlet, nearby access to running water, a chair and a surface to place a breast pump.
• All...more
3/21/2019
/ Breastfeeding ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Human Rights ,
Lactation Accommodation ,
New Legislation ,
Race Discrimination ,
Rest and Meal Break ,
State Labor Laws
Deceptive Trade Practices -
Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection -
In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
2/20/2018
/ Agricultural Workers ,
All Natural ,
Arbitration ,
Arbitration Agreements ,
Beverage Manufacturers ,
Breach of Warranty ,
Class Certification ,
Class Members ,
Conditional Certification ,
Court Appearances ,
Credit Card Surcharges ,
Double Damages ,
Economic Loss Doctrine ,
Email ,
Equal Protection ,
Exporters ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
False Statements ,
Farms ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Former Employee ,
FSMA ,
GMO ,
Hiring & Firing ,
Hospitality Industry ,
Independent Contractors ,
Inspections ,
Liquidated Damages ,
Minimum Wage ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Notice Requirements ,
Opt-In ,
Over-Time ,
Qui Tam ,
Restaurant Industry ,
Retailers ,
Rule 9(b) ,
Sherman Act ,
State Labor Laws ,
State Law Claims ,
Summary Judgment ,
Tip Credit ,
Tip-Pooling ,
Unfair or Deceptive Trade Practices ,
Unlawful Trade Practices Acts ,
USDA ,
Wage and Hour ,
Wage Statements
• Now more than ever, employers must proactively assess their policies and training systems to lay the groundwork for appropriate organizational responses to sexual harassment allegations or complaints that arise among...more
Under a recent amendment to the New York City Human Rights Law (NYCHRL) that went into effect on Oct. 31, 2017, New York City employers are prohibited from making inquiries about the salary history of job applicants during...more
The New York State Department of Labor on Dec. 28, 2016, adopted a rule requiring employers that employ individuals who do not receive overtime pay thanks to their classification as administrative or executive exempt...more
Employers nationwide and, in particular, those in New York City and New York state, should carefully consider their obligations to formalize policies concerning independent contractors based on New York City's Freelance Isn't...more
In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more
10/29/2015
/ Employment Policies ,
Facebook ,
Hiring & Firing ,
NLRA ,
NLRB ,
Online Platforms ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks ,
Wrongful Termination
Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more
10/23/2015
/ Background Checks ,
Ban the Box ,
Compliance ,
Credit History ,
Criminal Background Checks ,
Discrimination ,
Employment Discrimination ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Human Rights ,
NYCHRL ,
SCDEA
New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more
5/27/2015
/ Credit Checks ,
Credit Reports ,
Discrimination ,
Employee Handbooks ,
Employee Rights ,
Employment Policies ,
Financial Industry Regulatory Authority (FINRA) ,
Human Rights ,
National Security ,
Police ,
Security Clearance
In a recent U.S. Supreme Court decision, a unanimous court held that time spent by employees in mandatory security checks after work is not compensable, unless the screenings are "integral and indispensable" to the principal...more
An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more
In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the...more
In decision that is helpful to hospitality industry employers, the New York State Court of Appeals has given restaurants and other food outlets considerable flexibility in establishing mandatory tip pooling for service staff....more
Earlier today, the U.S. Court of Appeals for the District of Columbia vacated President Obama's recess appointments to the National Labor Relations Board. The three-judge panel from the D.C. Circuit held that the president...more
Effective November 6, 2012, amended New York Labor Law section 193 relaxes the overly restrictive dictates of the old law and gives employers greater latitude in making deductions from employee paychecks. Employers should...more