Archives: Employment & Labor (U.S.)

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NYC to Employers: “No Salary for You!”

On April 5, New York City became the latest jurisdiction to enact legislation barring employers from inquiring into a job applicant’s salary history.  Originally introduced last summer at the behest of NYC Public Advocate Letitia James, the bill specifically prohibits businesses from (1) inquiring about the salary history of a job applicant or (2) relying … Continue Reading

Sexual Revolution: Seventh Circuit Holds Title VII Protects Sexual Orientation

On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit broke new legal ground by ruling that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, also forbids sexual orientation discrimination.  Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. 2017) (en banc).  The ruling … Continue Reading

New York Wage Payment Regulations Are Revoked at the Eleventh Hour

Recently, New York’s Industrial Board of Appeals (IBA) revoked regulations issued by the State’s Department of Labor (NYSDOL) governing employee wage payments via direct deposit and payroll debit cards, which were scheduled to go into effect March 7, 2017. The IBA, an independent agency with certain oversight authority over the NYSDOL, held that the proposed … Continue Reading

Philadelphia Employers Barred from Asking about Wage History

On January 23, 2017, Philadelphia Mayor Jim Kenney signed the Philadelphia Wage Equity Ordinance into law. The bill amends the Philadelphia Fair Practices Ordinance to prohibit employers from asking about an applicant’s wage history at any point during the hiring process. Philadelphia City Council unanimously voted in favor of the legislation in December 2016. Introduced … Continue Reading

NY Dept of Labor Finalizes Major Changes to Wage Regulations

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from time-to-time by the New York State Department of Labor (NYSDOL).  The NYSDOL publishes wage orders covering the hospitality, … Continue Reading

What Employers May Expect with Trump in Office

This installment of our ongoing series prognosticating about the new Presidential administration focuses on the regulatory environment employers may face. President-elect Trump has promised to revoke a number of the more employee-friendly measures that the Obama Administration has passed over the previous eight years.  Additionally, Ivanka Trump, who was influential throughout her father’s campaign, has … Continue Reading

Court Preliminarily Enjoins DOL Overtime Rule

A Texas federal court judge has issued a preliminary nationwide injunction blocking the U.S. Department of Labor (DOL) from implementing the controversial overtime rule set to take effect December 1. The rule would have more than doubled the weekly salary threshold for the federal Fair Labor Standards Act’s so-called “white collar” exemptions, from $455/week to … Continue Reading

Employing Workers in a Trump Administration

As a presidential candidate, Donald Trump voiced many opinions about his priorities and goals for the country. Yet as President-elect Trump prepares to take office in January, employers remain uncertain as to what the American workplace will look like under a Trump administration. As a lead-up to the presidential inauguration, we will provide a series … Continue Reading

Illinois Bans Noncompetes for Low-Wage Employees

Starting January 1, 2017, the new Illinois Freedom to Work Act will prohibit private sector employers from entering into covenants not-to-compete with “low-wage employees” who work in the state, and render unenforceable any such restrictions that are entered into on or after that date. The Act defines a “low-wage employee” as one who earns the … Continue Reading

NY Dept. of Labor Proposes Major Changes to Wage Regulations

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from time-to-time by the New York State Department of Labor (NYSDOL).  The NYSDOL publishes wage orders covering the hospitality, … Continue Reading

NYC Passes Comprehensive Independent Contractor Bill

On October 27, the New York City Council, long known for pushing the envelope when it comes to employment legislation, passed a first-of-its-kind bill, known as the “Freelance Isn’t Free” Act, that requires written agreements between certain independent contractors and the entities that engage them (the Act).  The Act also bars wage theft and retaliation … Continue Reading

California’s Employment Law Class of 2017 (Part II): The Laws, Their Effects and Some Recommendations for Compliance

In part I of this two part series reviewing the employment law class of 2017 we focused on developments in discrimination, anti-retaliation and discharge, hiring and background checks, and workplace health and safety. In part II we will focus on developments in wage and hour law, leave laws, industry-specific regulations, and California’s recent legislation affecting … Continue Reading

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem from existing workplace mandates. However, don’t be fooled by the lack of “new” regulations. By amending many of California’s complex existing laws, the … Continue Reading

New York Federal Court Pilots Mandatory Mediation Program for FLSA Cases

The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA). Effective October 3, 2016, any federal wage and hour cases that are assigned to Judges Abrams, Bricetti, Carter, Daniels, Ramos, Sebel, and Woods, will be ordered directly to mediation. The mediation … Continue Reading

DOL Issues Final Rules for Sick Leave for Federal Contractors

On September 30, 2016, the U.S. Department of Labor issued the long-awaited Final Rule implementing President Obama’s Executive Order 13706, which requires federal contractors (and their subcontractors) to provide workers with a minimum of seven days of paid sick leave. The Rule will impose substantial new obligations on many employers beginning January 1, 2017, and … Continue Reading

We May Not Have Heard The Last Word . . . The New White Collar Exemption Rules

Get ready, set…but wait…maybe not… As employers gear up to meet the swiftly approaching December 1, 2016, deadline to implement the Department of Labor’s (‘DOL”) new overtime pay requirements for white-collar workers, 21 states, the U.S. Chamber of Commerce, and several other business groups filed legal challenges in various courts to halt the changes The DOL’s … Continue Reading

NY Makes Significant Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently finalized a new rule that significantly changes how employers pay their employees through direct deposit and payroll debit cards. Even though the new regulation does not go into effect until March 7, 2017, Empire State employers should begin preparing for the effective date now, especially for … Continue Reading

Employers Act Even Before Additional Protections for Victims of Domestic Violence Are Law

California Gov. Jerry Brown recently signed AB 2337, strengthening the job protections for victims of domestic violence, and ensuring those who work for employers with 25 or more employees are notified of protected time-off rights for domestic violence, sexual assault, or stalking, without threat of termination or retaliation. The Bill’s author, Assemblymember Autumn Burke (representing … Continue Reading

Ninth Circuit Holds Class Action Waivers Are Unenforceable

In a strong blow to employers, the Ninth Circuit Court of Appeals recently released its opinion in Stephen Morris, et al. v. Ernst & Young, et al., No. 13-16599, D.C. No. 5:12-cv-04964-RMW (August 22, 2016), holding that agreements precluding employees from bringing “concerted actions” such as class and/or collective actions relating to their wages, hours, … Continue Reading

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we looked at some of the principal trends likely to be shaped by federal regulators.  … Continue Reading

Emerging Labor & Employment Law Trends (Part 1)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. In the first part of this two-part series, we will take a look at some of the principal trends likely to be shaped … Continue Reading

Five Tips for Handling Pokémon Go in the Workplace

In the past several weeks, Pokémon Go has taken the world, and many workplaces, by storm. If you’re concerned about reducing the negative impact that this game may be having on your employees’ productivity – and, more importantly, their safety – here are five steps you can take: 1. Make sure that your corporate policies … Continue Reading

Massachusetts Equal Pay Law

Effective January 1, 2018, Massachusetts’ equal pay law will impose new and broad sweeping requirements on employers. At its core, the law prohibits gender-based pay disparities. It also takes steps to encourage transparency regarding compensation among employees, and to reduce the emphasis on compensation inquiries during the hiring process. The recently enacted amendments are designed … Continue Reading
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