It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more
First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers -
We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more
A recent ruling by the U.S. Department of Labor (DOL) signals the start of the forecasted avalanche of government claims and civil litigation arising from the COVID-19 pandemic and related emergency legislation. ...more
As we reported on June 21, New York blew the lid off 30 years of sexual harassment and discrimination law by passing legislation that, among other things, bars mandatory arbitration of all claims of discrimination. That...more
Clichés like “seismic shift” and “paradigm change” do not begin to describe just how profoundly the New York legislature changed the standards for harassment claims in a bill passed June 19. HR professionals and employers...more
When Trump was a brand-new President (or force of nature, depending on how you look at it), we observed that the dawn of his administration would not necessarily augur wholesale changes to the overall landscape of legal...more
9/8/2017
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White-Collar Exemptions
The venerable New York Whistleblower Protection Act has long allowed employees to report misconduct by their employer, at which point the public interest could be vindicated by the state Attorney General. But does an employee...more
The General Counsel of the National Labor Relations Board issued a recent Advice Memorandum in Northwestern University, NLRB Case 13-CA-157467, with a strange, but practical, takeaway for employers: even if you don’t think...more