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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

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

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

Rulemaking on affirmative action for applicants and employees with disability

Proskauer Rose LLP
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USA
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July 30 2010

The OFCCP issued an advanced notice of proposed rulemaking inviting public comments regarding how to improve employment opportunities for individuals with disabilities

U.S. Supreme Court unanimous in verdict against Chicago

Proskauer Rose LLP
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USA
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May 24 2010

In a unanimous decision authored by Justice Antonin Scalia, the U.S. Supreme Court issued a blow to the city of Chicago in a case involving the timeliness of a disparate impact claim brought by minority applicants who challenged the City's use of a hiring list generated from an entrance exam for firefighters

FLSA suits in healthcare highlight payroll practice issues

Proskauer Rose LLP
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USA
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April 13 2010

A number of plaintiffs' law firms have set up websites devoted to hospital overtime and class action lawsuits, and at least one firm has sent personalized letters to employees of no less than 20 hospitals in the New York City area alone, asking for consent to file wage-hour actions on their behalf

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