Tag Archives: Wage and Hour

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

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

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

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

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

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

NY Dept of Labor Proposes Drastic Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently published a proposed rule governing how employers pay their employees through direct deposit and payroll debit cards. While the majority of the proposed rule focuses on new requirements regarding the use of payroll cards, the proposal, if adopted, would also effectively require every Empire State employer … Continue Reading

U.S. DOL Releases Final Revisions on Overtime Protections

Today, the U.S. Department of Labor (DOL) released its highly anticipated final revisions to the Fair Labor Standards Act’s (FLSA) so-called “white collar” exemptions, the first major update to the federal overtime rules in more than a decade. Although the final rule is somewhat similar to the proposed rule published by the DOL last summer, it … Continue Reading

NYC Mulls Bill Requiring Written Independent Contractor Agreements

The New York City Council, long-known for pushing the envelope when it comes to employment legislation, is at it again. The legislature is poised, in the near future, to pass a first-of-its-kind bill that would require written agreements between independent contractors and the entities that engage them (the Bill). The Bill would also impose substantial … Continue Reading

California’s Employment Law Class of 2016: The Laws, Their Effects and Our Recommendations for Compliance

Each year, the California legislature – historically the most active of state regulators – reexamines the relationship between employers and their workforces and emerges with a multitude of employment law protections. 2015 was no exception. Lawmakers created novel and expansive measures, affecting companies throughout the state in varying degrees. Some of the laws, most of which take … Continue Reading

Employers Must Use New FMLA Forms from U.S. Dept of Labor

On May 27, the U.S. Department of Labor (DOL) published updated model Family and Medical Leave Act (FMLA) notices and certification forms. Copies of the updated forms, which should be used through May 31, 2018, are available on the DOL’s website. The most notable change to the forms is their reference to the Genetic Information … Continue Reading

New York Employment Roundup: May 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading

Arrival of Intern Season Means Prep Work For Employers is Key

This post was written by Cindy S. Minniti and Mark S. Goldstein. With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S. businesses, as well as a valuable option for students … Continue Reading

New York Employment Roundup: March & April 2015

This post was written by Cindy S. Minniti and Mark S. Goldstein. Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what … Continue Reading

New York Employment Roundup: February 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in February 2015: Likely Rise in Pre-Tip Minimum Wage for Tipped Workers … Continue Reading

Connecticut Passes Landmark Bill, Becomes the First State to Raise Minimum Wage Above $10

Mark Goldstein contributed to the content of this post. Following New York’s lead, the State of Connecticut’s minimum wage is on the rise again. On Wednesday, State legislators ratified a bill that will increase the State’s minimum wage to $10.10 per hour by 2017, rendering it the highest minimum wage enacted by a state government … Continue Reading

NLRB Regional Director Says College Athletes Can Unionize

Joel Barras wrote a new article on Forbes.com discussing the NLRB Regional Director for the Chicago Region’s recent ruling that Northwestern University football players are "employees" of the University and therefore have the right to organize and be represented by a union.  If upheld, expect Division I football and basketball players from across the country … Continue Reading

As Expected, New York City Council Expands Paid Sick Leave Law on the Eve of Implementation

Not surprisingly, the New York City Council last Wednesday overwhelmingly passed Mayor Bill de Blasio's sweeping amendment to the New York City Earned Sick Time Act. Most notably, the amendment expands the Act's coverage to organizations with 5 or more employees (reduced from the prior 15-employee threshold). The amendment takes effect almost immediately, on April 1, 2014--departing from the staggered implementation scheme contemplated by the Bloomberg-era version of the Act. See our February 3, 2014 post for more specific details about the amendment's provisions: http://www.employmentlawwatch.com/2014/02/articles/employment-us/new-nyc-mayor-comes-out-of-the-gate-swinging-demands-expansion-of-paid-sick-leave-law/.… Continue Reading

New NYC Mayor Comes Out of the Gate Swinging, Demands Expansion of Paid Sick Leave Law

Mark Goldstein contributed to the content of this post.  New Mayor Bill de Blasio wasted no time putting his stamp on the New York City employment law landscape. On January 17, de Blasio proposed an amendment to expand the already-broad paid sick leave law that the New York City Council passed last summer. Already one … Continue Reading

“Pay Now Or Pay Much More Later,” Warn Federal and State Governments

May 28th marks the anniversary of the effective date for the Lilly Ledbetter Fair Pay Act, the first bill signed into law by President Obama.  The Act sparked renewed focus on improving wage-equality for the American workforce and continues to be an important  goal for administrative agencies such as the Equal Employment Opportunity Commission.  Employers … Continue Reading

Pennsylvania Requires Court Approval for Enforcement of Wage/Hour Settlements Under FLSA

As previously reported, the Fifth Circuit recently enforced a private settlement of certain FLSA claims. More recently, however, Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania reached the opposite conclusion and agreed with the majority view of courts that unsupervised FLSA settlements are not enforceable.… Continue Reading

Fifth Circuit Approves Private Settlement of FLSA Claim

Recently, the Fifth Circuit created a crack in a thirty-year old doctrine, based on the Eleventh Circuit’s Lynn’s Food Stores, Inc. v. United States decision and followed by nearly all federal courts, that wage and hour claims brought by individuals under the Fair Labor Standards Act (“FLSA”) can be settled only with the signoff of … Continue Reading

Federal Court Rules Pennsylvania Employers Cannot Use “Fluctuating Workweek” Overtime Method

A federal court in Pennsylvania ruled that the fluctuating workweek method of calculating overtime, while compliant with the Fair Labor Standards Act, violates Pennsylvania’s Minimum Wage Act (“PMWA”). The fluctuating workweek method of calculating overtime permits an employer to pay a non-exempt employee a fixed, weekly salary, regardless of the number of hours that employee … Continue Reading
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