Recent Publications - John K. Diviney

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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Changes to Minimum Wage Requirements for Home Care Workers
October 31, 2015 | Employment & Labor | Health Services
In 2014, the United States Department of Labor (“DOL”) issued a new regulation to be effective January 1, 2015 to modify the minimum wage and overtime requirements of home care workers (including companionship and live-in domestic workers).  Prior to the new regulation being effective, a Federal District Court vacated the regulation finding that the DOL …
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Fair Labor Standards Act
June 30, 2013 | Employment & Labor
The United States Court of Appeals Second Circuit issued a significant decision with respect to individual liability of corporate officers and employees under the Fair Labor Standards Act (“FLSA”).  In Irizarry v. Castimedes, (Torres v. Gristede’s Operating Corp.) the Court found that an individual owner of a corporation may be held to be an employer …
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New Law In New York Regarding Wage Deductions
September 30, 2012 | Employment & Labor
On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases …
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Wage Theft Prevention Act
December 16, 2011 | Employment & Labor
The New York State enacted a new law entitled Wage Theft Provention Act (the “Act”) which went into effect in April 2011 for new employees. As outlined in our prior February 2011 Employment Bulletin, the Act requires New York employers to provide written notice of certain wage, payroll and other related information. The required notices …
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New Legal Developments Affect Employers In the Construction, Restaurant and Hotel Industries
October 31, 2010 | Employment & Labor
Construction Industry Fair Play Act New York Governor David A. Paterson recently signed into law the “Construction Industry Fair Play Act,” a new piece of legislation that will drastically affect employers in the construction industry. Reflecting a continued concern over employer misclassification of independent contractors, the new law, which took effect on October 26, 2010, …
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