Recent Publications - Scott R. Green


Trump DOL’s Proposed New Rule to Allow Employers to Pocket and Redistribute Tips
December 7, 2017 | Scott R. Green | Johanna Sanchez | 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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Obama-Era DOL Overtime Rule Struck Down
August 31, 2017 | Scott R. Green
After months in limbo, U.S. District Judge Amos Mazzant struck down the Obama Administration’s November 2016 rule that would have expanded overtime protections to millions of white collar workers.  Had it been implemented, the Fair Labor Standards Act’s “white collar” exemption threshold would have essentially doubled to just over $47,000 per year and would have …
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Trump Administration Plans to Revisit Stalled Overtime Regulations
July 13, 2017 | Scott R. Green | Greg E. Mann | Employment & Labor
The Trump Administration created new uncertainty in a recent Court filing by declaring its intentions to rewrite an Obama-era regulation designed to dramatically expand the number of workers covered by federal overtime rules. Employers have been left in limbo since last November when a federal district court issued a preliminary injunction that prevented the U.S. …
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Trump-Era DOL Withdraws Two Pro-Employee Guidance Memos
June 9, 2017 | Employment & Labor
On June 7, 2017, the United States Department of Labor rescinded two critical guidance memos issued during the Obama Administration, one conceived to curb the misclassification of employees as independent contractors and another that broadened liability for joint employment. These moves signal a shift toward less vigorous enforcement by the Department and a return to …
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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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Texas Court Blocks New Overtime Rules, Appeal to Follow
December 5, 2016 | Employment & Labor
On November 22, 2016, a federal judge in Texas granted a nationwide preliminary injunction blocking the U.S. Department of Labor’s (DOL’s) overtime rule scheduled to take effect December 1, 2016. The rule more than doubles the required salary level to qualify for the Fair Labor Standards Act (FLSA) “white collar” exemptions, increasing the annual salary …
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The Fair Chance Act
October 31, 2015 | Employment & Labor
The Fair Chance Act, which imposes substantial restrictions and obligations on New York City employers, goes into effect on October 27, 2015. Generally, the ordinance prohibits an employer (with at least four employees) from inquiring about a candidate’s pending arrest or conviction record until after a conditional offer of employment has been extended.  Only a …
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“New York State Wage Theft Prevention Act Notice Requirements”
December 31, 2012 | Employment & Labor | Appeals
The New York State Wage Theft Prevention Act (“WTPA”) remains in effect, which means that employers have until February 1, 2013 to provide the required written notice to employees.  Pursuant to the WTPA, New York employers must provide New York employees with a written notice and acknowledgment of pay rate and payday on an annual …
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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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