Recent Publications - Labor & Employment


Can NY Employers Legally Terminate a Rally Protester?
September 14, 2017

So you employ a white supremacist …

Since August’s tragic events in Charlottesville, various social media feeds have identified protesters from the “Unite the Right” rally held on the University of Virginia campus. Several traditional media outlets have reported that subsequent public shaming of those identified as participants in the rally has caused companies to

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Obama-Era DOL Overtime Rule Struck Down
August 31, 2017

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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NY Workers’ Compensation Board Finalizes Paid Family Leave Regulations
July 24, 2017

As we previously reported (June 6, 2017), beginning January 1, 2018, private sector employees in New York State who meet the minimum employment-duration requirements will be eligible for paid family leave under New York’s Paid Family Leave (“PFL”) law. The PFL program will be funded by employees via mandatory payroll deductions – tacked onto existing

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Trump Administration Plans to Revisit Stalled Overtime Regulations
July 13, 2017 | Labor & Employment

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 | Labor & Employment

On June 7, 2017, the United States Department of Labor rescinded two critical guidance memos issued during the Obama Administration, one conceived to curb the misclassification of employees as independent contractors and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 | Labor & Employment

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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Employee Benefit Plan Review – From the Courts
May 9, 2017 | Labor & Employment | Insurance Coverage

Employee Who Left Job Due to Terminal Illness Was Entitled to Severance Pay, Ninth Circuit Rules

The wife of the plaintiff in this case was employed by the American Society for Technion-Israel Institute of Technology (ATS) until her terminal illness forced her to leave her job. The plaintiff contended that his wife was entitled to severance

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U.S. House of Representatives Passes the Working Families Flexibility Act
May 9, 2017 | Labor & Employment

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 | Labor & Employment

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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Employee Benefit Plan Review – From the Courts
March 30, 2017 | Labor & Employment | Insurance Coverage

Failure to Timely File ‘Charge’ with EEOC Doomed Plaintiff’s ADA Suit, Seventh Circuit Rules

The plaintiff in this case, a senior customer service representative of Christian Brothers Services (CBS), was in an automobile accident in March 2011 as a result of which she had to use a cane and limped. According to the plaintiff, CBS fired

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