In a recent decision in Buchanan Capital Markets LLC v. DeLucca, an appellate court in Manhattan placed the enforceability of non-compete agreements in jeopardy for New York employers.
On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations.
The U.S. Department of Labor (DOL) announced on May 18 its final, long-awaited revisions of the rules that govern the salary cutoff for the "white collar" overtime exemption under the Fair Labor Standards Act (FLSA).
On January 19, 2016, The New York City Council added yet another piece of legislation to the raft of new municipal labor laws that have taken effect so far in 2016.
On December 30, 2015, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, dismissed a class action seeking overtime pay for temporary attorneys, under contract with a staffing company, who performed document reviews for a law firm.
Labor & Employment partner and chair Laurent Drogin authored a Law360 article titled, How A Tweet With No Words Could Impact NY Labor Law.” The article explores the implications of the firing of former New York Post sportswriter Bart Hubbuch, who sued his former employer and alleged that his termination was due to a tweet in which he compared President Donald Trump’s inauguration to tragic dates in American history.
Labor & Employment partner Richard Steer and associate Jonathan Hershberg co-authored a March 16 New York Law Journal article with David Mederrick, the president and CEO of Team Screening titled, "Employee Background Checks: The New Compliance Arena."
The much publicized changes to the Fair Labor Standards Act have been enjoined by a federal court judge in Texas and may never take effect.
A key employee just resigned, took a thumb-drive containing gigabytes of your company’s confidential information, and is now working for your competitor. Your customers are being solicited and key employees are receiving job offers enticing them to leave. What would you do? What could you have done?
As of 2014, under the Affordable Care Act (ACA), an Exchange will be fully implemented and operating in every state. An Exchange is an organized marketplace designed to help people shop for and enroll in health insurance coverage. States have the option to implement their own Exchange, or allow the federal government to set up an Exchange in their state.
In what may be the first decision of its kind, the National Labor Relations Board’s (NLRB) Regional Director in Baltimore determined on June 20, 2013 that a staffing firm’s temporary employees constituted an appropriate unit for collective bargaining and ordered an NLRB election to be held to determine whether the temporary employees wanted to unionize.
In the event that your payroll service provider has not alerted you to this important change in the law, please be aware of the following: The New York State Labor Law has been amended (as of April 9) to impose new requirements on employers and to impose greater penalties for violations. There are three critical parts to the law: (i) Notices for new hires; (ii) Notices for existing employees; and (iii) New information required on paystubs.
The day-to-day matters addressed by our labor and employment group often allow us to spot emerging trends before they become mainstream. One such issue involves claims brought byemployees who have been disciplined after engaging in “protected and concerted activities.”
One of the hottest developing areas in Employment Law is also one of the most dangerous for employers and those involved in setting employees’ terms and conditions of employment. While Professional Employer Organizations (PEO’S) that administer the payrollpractices of employers are particularly vulnerable, traditional staffi ng companies are also at risk of being accused of being a joint employer responsible for failure to properly pay overtime and minimum wages to employees.
A new law that takes effect on January 1, 2008 is designed to combat the growing problem of identity theft by restricting the use of social security numbers (“SSNs”). Whether the “New York Social Security Protection Law” (“SSPL”) law accomplishes its goal remains to be seen, but our immediate concern is to ensure that our clients are mindful of their new obligations.
As attorneys who routinely defend and counsel employers in connection with claims of sexual harassment and employment discrimination, we have seen it time and time again—a poor performer, on “thin ice” already, goes to management and claims to have been sexually harassed or discriminated against by a supervisor.