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Tip Pooling With Back-Of-House Is IN (in Most States); Manager and Supervisor Tip-Sharing Is OUT

The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation. On March 23, 2018, President Trump signed the new...more

NYSDOL Proposes Regulations Enhancing an Employee’s Entitlement to Call-In Pay

The New York State Department of Labor (the “NYSDOL”) has proposed regulations revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”). Covered employees...more

Regulations Adopted for Retail and Fast Food Establishments Under NYC “Fair Workweek” Law

The NYC Department of Consumer Affairs has adopted regulations regarding the Fair Workweek Law (“FWL”), which place detailed requirements that severely limit the flexibility and operational discretion of covered employers...more

New York City Passes Wide-Ranging Legislation Dictating How Retail and Fast Food Establishments Schedule Workers

On May 30, 2017, New York City Mayor Bill de Blasio signed into law a package of legislation regulating how retail employers and fast food establishments in New York City schedule their employees to work. Each of these laws...more

EEOC Issues Final EEO-1 Form With Pay Data Requirement

The U.S. Equal Opportunity Commission has finalized the revised EEO-1 Form, which will require employers and federal contractors with 100 or more employees to include pay data, categorized by gender, race and ethnicity, in...more

New York State Adopts Paid Family Leave and $15/Hour Minimum Wage

New York state has enacted two new major employment laws that all New York employers need to prepare for: (1) the most comprehensive paid family leave law in the country commencing in 2018; and (2) beginning Dec. 31, 2016,...more

EEOC Doubles Down on Push for Pay Equity: Requiring Pay Data on EEO-1 Reports

The EEOC’s latest proposal, requiring employers to report pay data annually on their EEO-1 reports, shows that the Obama Administration means business when it comes to pushing for pay equity—not only for women, but also for...more

New York Pay Equity Law Expands Basis for Sex-Based Pay Disparity Claims

Beginning in January, workers in New York will find it much easier to plead and prove claims of wage discrimination. Effective Jan. 19, 2016, New York employers will face greater difficulty in defending against claims of sex...more

New York Singles Out “Fast Food” Industry for Minimum Wage of $15.00

On July 27, 2015, the New York Fast Food Wage Board (“FFWB”) formally approved resolutions to increase the minimum wage for workers in quick-service and fast-casual restaurants in New York City and the rest of New York to...more

New Jersey Supreme Court Adopts Restrictive Test for “Independent Contractor” Status

The New Jersey Supreme Court recently adopted a new test making it more difficult for New Jersey employers to classify workers as independent contractors. In a lawsuit brought by contract delivery drivers against a chain of...more

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