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Results: 1-10 of 65

Raising wages by tightening the white-collar overtime exemptionsthe President’s initiative
  • Proskauer Rose LLP
  • USA
  • March 18 2014

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing"


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"


New York Wage Theft Prevention Act amendments awaiting Governor's signature
  • Proskauer Rose LLP
  • USA
  • June 25 2014

On June 19, 2014, both houses of the New York State Legislature passed a bill that would amend the N.Y. Wage Theft Prevention Act of 2010 (the "Act"


New Mexico enacts Fair Pay for Women Act
  • Proskauer Rose LLP
  • USA
  • May 6 2013

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from


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


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


Natural disasters
  • Proskauer Rose LLP
  • USA
  • June 10 2010

As we approach this hurricane season and the fifth anniversary of Hurricane Katrina, now is an appropriate time to consider the lessons of that disaster


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


New York State takes aim at independent contractors in the construction industry
  • Proskauer Rose LLP
  • USA
  • July 14 2010

On June 28, 2010, the New York State Legislature passed the New York State Construction Industry Fair Play Act (the "Act") aimed at correcting the misclassification of employees in the construction industry


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