Searching Content indexed under Employee Benefits & Compensation by Robert Whitman ordered by Published Date Descending.
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NYS Puts Brakes On Expansive Call-In Pay Reform
Seyfarth Synopsis: The NYSDOL recently announced that it will no longer pursue regulations that, if adopted, would have required most NYS employers to provide call-in pay to employees for hours
United States
14 Mar 2019
What Will Be New In New York In The New Year?
Seyfarth Synopsis: Democrats now control both houses of the New York Legislature as well as the Governor's office. A host of new employment-related legislation may be in the offing,.
United States
13 Dec 2018
New York Minimum Wage And Exempt Status Salaries Set To Increase Again, But Wage Deduction Rules May Expire
As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2018, with large employers in New York City being the first to hit the $15...
United States
16 Nov 2018
Shifty Business VI: NYC Temporary Schedule Change Law Effective July 18
Effective July 18, 2018, New York City employers must grant two temporary schedule changes per year to eligible employees for certain qualifying "personal events."
United States
19 Jul 2018
Don't Judge A Conditional Certification Motion By Its Cover
Seyfarth Synopsis: A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble.
United States
10 Jul 2018
NY Attorney General "PAID" Lip Service To DOL Initiative
The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or "PAID" ...
United States
6 Apr 2018
Shifty Business V: New NYC Law Allows Employees To Request Temporary Schedule Changes; Comment Period For NYS Call-In Pay Rules Extended
A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to January 22.
United States
22 Jan 2018
DOL Bids Adieu To Six-Factor Internship Test
The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.
United States
9 Jan 2018
NY Governor Signals "Tipping" Point Over Elimination Of Minimum Wage Tip Credit
Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit.
United States
20 Dec 2017
New York's Highest Court: Pre-Certification Settlements Require Classwide Notice
Seyfarth Synopsis: The New York Court of Appeals holds that the state's class action rules require notice of settlements to be sent to putative class members – even though no class has been certified.
United States
14 Dec 2017
Interns Flunk The Class
The Second Circuit has upheld summary judgment against magazine interns seeking payment as "employees" under the FLSA.
United States
12 Dec 2017
Happy New Year? 2018 Brings New Minimum Wage & Exempt Thresholds For New York Employers
New York employers are facing a host of changes in 2018, including an increase to the minimum salary amounts for exempt status and increases in the minimum wage.
United States
6 Dec 2017
Shifty Business IV: NYC Fair Workweek Law And Final Rules Are Now Effective
The New York City Department of Consumer Affairs has issued final rules to implement the Fair Workweek Law...
United States
4 Dec 2017
Shifty Business III: NYS Proposes Rules Requiring Pay For On-Call Scheduling Practices
Proposed rules released by the NYS DOL would require employees to be paid for time not worked due to on-call scheduling practices.
United States
16 Nov 2017
"Similarly Situated" Seriously Scrutinized By Southern District
A judge in the Southern District of New York held that FLSA off-the-clock claims could not proceed collectively because the employer's policy enforcement and approval of overtime compensation...
United States
13 Nov 2017
Shifty Business II: Rules Proposed For NYC's Fair Workweek Law
The NYC Department of Consumer Affairs has proposed rules implementing the Fair Workweek Law, which imposes significant constraints on shift scheduling in the retail and fast food industries.
United States
2 Nov 2017
What Do Sushi And Burritos Have In Common? Second Circuit Ready To Sample Tasty Wage-Hour Procedural Issues
The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards ...
United States
27 Oct 2017
Money For Nothing! Court Allows Employees To Pursue Lawsuit Despite DOL Settlement
The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor.
United States
27 Jul 2017
Shifty Business: NYC Restricts Shift Scheduling For Retailers And Fast Food Chains
Five new laws in New York City will impose strict limits on shift scheduling for fast food and retail industry employees.
United States
12 Jun 2017
Don't Judge A Conditional Certification Motion By Its Cover
A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble.
United States
16 May 2017
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