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Administrative vs. productionsales work

Proskauer Rose LLP
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USA
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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

NYSDOL issues guidelines re controversial notice of pay requirements

Proskauer Rose LLP
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USA
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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

Franken Amendment

Proskauer Rose LLP
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USA
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February 23 2010

On February 17, 2010 the anti-arbitration "Franken Amendment" went into effect, barring many defense contractors from utilizing pre-dispute arbitration agreements as a condition of employment

Tip of the month

Proskauer Rose LLP
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USA
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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

The FLSA exemption analysis for administrative employees

Proskauer Rose LLP
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USA
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February 24 2010

Under the FLSA, employers must pay non-exempt employees overtime compensation for time worked in excess of forty hours per week

Practice pointer

Proskauer Rose LLP
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USA
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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

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

Proskauer Rose LLP
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USA
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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

USDOL targets NYS healthcare industry for FLSA compliance

Proskauer Rose LLP
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USA
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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

Rule requires federal contractors to disclose executive compensation and subcontract awards

Proskauer Rose LLP
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USA
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July 30 2010

A new interim rule has been issued requiring federal contractors to disclose the compensation of their five most highly compensated executives and any first-tier subcontract awards of $25,000 or more

Supreme Court to consider whether background checks violate privacy rights of government contract employees

Proskauer Rose LLP
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USA
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March 30 2010

On March 8, 2010, the United States Supreme Court granted certiorari in NASA v. Nelson, agreeing to consider whether the National Aeronautics and Space Administration violated the constitutional rights of certain contract employees in non-sensitive positions by conducting extensive background checks on them

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