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New Massachusetts law entitles employees to domestic violence leave

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 8 2014

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence

FLSA suits in healthcare highlight payroll practice issues

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Social media roundup

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 12 2014

Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective andor current employees with increased social

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

DOL, IRS, and 11 states enter agreement to work together against misclassification

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 27 2011

On September 19, 2011, the United States Department of Labor (DOL) and Internal Revenue Service (IRS) signed a memorandum of understanding to improve the agencies' coordination of efforts to combat employee misclassification, recoup wrongfully withheld payroll taxes, identify workers entitled to overtime, and better improve compliance and education

New York State takes aim at worker misclassification: the Commercial Goods Transportation Industry Fair Play Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 14 2014

On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act). The

Latest criminal background check developments affect San Francisco, Illinois, and Alabama employers

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 8 2014

Employers should be aware of the following developments across the country before running a criminal background check: San Francisco's new "ban the

Second Circuit narrowly reads FLSA exemptions in Novartis ruling

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 27 2010

The U.S. Court of Appeals for the Second Circuit issued a significant and potentially far-reaching decision, recently, when it held that Novartis’ pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”) and related New York and California laws

Unemployment laws have new teeth under the Integrity Act: are you ready?

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 3 2013

In 2011, President Obama signed the Unemployment Insurance Integrity Act (the "Act") as part of the enactment of the Trade Adjustment Assistance

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