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FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

USA - April 29 2021 Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was…

Jeffrey W. Brecher.

DOL Withdraws ‘Retail or Service Establishment’ Lists for Commissioned Employee Exemption Analysis

USA - May 19 2020 The U.S. Department of Labor (DOL) withdrew its interpretative rules setting forth the types of businesses either not qualifying, or only possibly…

Jeffrey W. Brecher, Eric R. Magnus.

New York State to Eliminate Tip Credit for All But Hospitality Industry Workers

USA - January 2 2020 In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other…

Jeffrey W. Brecher, Richard I. Greenberg.

New York High Court Upholds State Labor Department Interpretation of ‘Live-In’ Home Health Employee Rule

USA - March 27 2019 The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees…

Jeffrey W. Brecher, Felice B. Ekelman, Douglas J. Klein, Brendan Sweeney.

Second Circuit Shears Cosmetology Student’s Claims in Intern-or-Employee Case

USA - February 11 2019 Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon…

Jeffrey W. Brecher.