Search results

Order by most recent / most popular / relevance

Results: 1-10 of 33

The FMLA what's new as of its 20th birthday

Proskauer Rose LLP
-
USA
-
February 12 2013

The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the

Administrative vs. productionsales work

Proskauer Rose LLP
-
USA
-
February 24 2010

In Whalen, the Second Circuit ruled that a former loan underwriter for J.P. Morgan Chase & Co. (“Chase”) was not exempt from overtime pay as an Administrative employee because his primary duty selling loan products under detailed directions provided by Chase and at Chase’s offices involved production, not administrative work

Tip of the month

Proskauer Rose LLP
-
USA
-
February 24 2010

How can your company avoid the millions of dollars in monetary damages and litigation costs recently experienced by Staples, Merrill Lynch, and Apple Inc

NYSDOL issues guidelines re controversial notice of pay requirements

Proskauer Rose LLP
-
USA
-
February 19 2010

The New York State Department of Labor (NYSDOL) has issued new guidance to employers relating to compliance with the requirement to provide newly hired employees with notice of pay rates and pay dates, and to obtain an acknowledgment of notice, as set forth in amended New York Labor Law 195

Practice pointer

Proskauer Rose LLP
-
USA
-
February 24 2010

The Second Circuit's opinions in Whalen and Reiseck reveal that employers who fail to take a considered approach when making exemption determinations under the FLSA's intricate regulations and evolving caselaw will do so at their peril

USDOL targets NYS healthcare industry for FLSA compliance

Proskauer Rose LLP
-
USA
-
March 12 2010

The United States Department of Labor ("USDOL") recently announced - as part of its new initiative to expose and remedy the misclassification of workers - that it is launching wage-hour investigations of employers in New York State's healthcare industry

Employer beware: misclassifying employees under the FLSA’s administrative exemption can be costly

Proskauer Rose LLP
-
USA
-
February 24 2010

Two recent decisions by the U.S. Court of Appeals for the Second Circuit provide employers with helpful guidance on the proper application of the Administrative exemption to the overtime pay requirements under the Fair Labor Standards Act

New York courts are likely to defer to NYSDOL opinion letter prohibiting deductions for wage overpayments

Proskauer Rose LLP
-
USA
-
June 2 2010

In a recently published Opinion Letter (RO-09-0152), the New York State Department of Labor (NYSDOL) stated its position that where an employee is accidentally overpaid, a New York employer is prohibited from recouping the overpayment by making deductions from the employee's paychecks (even if authorized by the employee) or requiring the employee to repay the money by separate transaction

New York’s hospitality industry wage order takes effect January 1, 2011

Proskauer Rose LLP
-
USA
-
December 29 2010

In mid-December, after one year of study and deliberations following proposed rulemaking, the New York State Department of Labor ("NYDOL") filed its long awaited wage and hour order affecting employees working in the restaurant and hotel industries (the "Wage Order"

U.S. Supreme Court unanimously overturns Ninth Circuit, finding employer's review of personal text messages reasonable

Proskauer Rose LLP
-
USA
-
June 17 2010

Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers

next >