Recent Publications -

Trump-Era NLRB Raises the Bar for Determining Joint-Employer Relationship
December 28, 2017 | Scott R. Green | Employment & Labor
The joint employer standard has long been a hotly contested issue because it is used to determine whether one employer may become liable for the employment actions and policies of another. On December 14, 2017, the National Labor Relations Board’s (NLRB) decision in  Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) overruled its controversial …
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Trump DOL’s Proposed New Rule to Allow Employers to Pocket and Redistribute Tips
December 7, 2017 | Scott R. Green | Employment & Labor
The Trump Administration’s Department of Labor has proposed a new tip rule that could rescind a 2011 regulation enacted during the Obama administration that mandates employers distribute tips to their tipped employees. The proposed rule, which was published in the Federal Register on December 5, 2017, would allow restaurant owners to pool tips and share …
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Regulations Issued For The New York Paid Family Leave Benefits Law
June 6, 2017 | Employment & Labor
On May 31, 2017, New York’s Department of Financial Services published the much anticipated final regulations for Paid Family Leave.  The regulations provide critical information that will help New York employers comply with these new legal requirements that are set to go into effect on January 1, 2018.  The law provides eligible employees with job-protected, …
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U.S. House of Representatives Passes the Working Families Flexibility Act
May 9, 2017 | Employment & Labor
Last week, the U.S. House of Representatives passed the Working Families Flexibility Act— a bill that if enacted, would allow private-sector employees to receive “compensatory time” off in lieu of traditional overtime pay. The bill, H.R.1180, passed 229 to 197, largely along party lines, with all the Democrats and just six Republicans voting against it. Employers …
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New York City Passes Legislation to Ban Pay History Questions During Hiring Process
April 10, 2017 | Employment & Labor
On April 5, 2017, New York City Council approved a bill that bans employers from requesting or using job applicants’ salary history when making hiring decisions. This latest development follows trend of the pay-equity movement taking place in cities and states nationwide.  It is also the latest in a series of legislative measures in New York …
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New York City To Make History With New Legislation Protecting Independent Contractors
February 28, 2017 | Employment & Labor
On May 15, 2017, New York City’s Freelance Isn’t Free Act (“FIFA”) will take effect, and make history as the first law of its kind. FIFA establishes significant protections for freelance workers, or independent contractors by requiring a written contract, timely payment and anti-retaliation provisions. The law will provide many of the protections afforded to …
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The DOL’s Overtime Salary Regulations are Enjoined
November 30, 2016 | Employment & Labor
Last week, a Texas federal court issued a preliminary injunction delaying the U.S. Department of Labor’s (DOL) latest rule for overtime exemptions from taking effect. The injunction comes as the result of a lawsuit filed by 21 states and several business organizations that claimed that the DOL exceeded its authority by more than doubling the …
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