Amy J. Traub

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The DOL’s Highly Anticipated Rule to Increase the Minimum Salary Threshold for Overtime Exemptions is Officially Open for Public Comment

On March 22, 2019, the DOL announced the official publication of its Notice of Proposed Rulemaking in the Federal Registrar and the commencement of the 60-day period for public comments. All public comments on the proposed new rule must be received by May 21, 2019 in order to be considered by the DOL in preparing … Continue Reading

New York State Issues Guidance for Compliance with New Sexual Harassment Law

Earlier this year, Gov. Cuomo signed into law the 2018-2019 New York State Budget, which included new requirements for both private and government employers intended to combat sexual harassment in the workplace. As reported in our previous post, the new law mandates that starting October 9, 2018, all New York employers must adopt a sexual … Continue Reading

Reminder: Beginning July 18, NYC Employers Are Required to Accommodate “Personal Events”

Most New York City employers are probably familiar with the Fair Workweek Law that went into effect Jan. 1, 2018, but surely not all New York City employers are. That is likely because until now, that law applied only to fast-food restaurants and retail employers. But all that will change come July 18, 2018, when … Continue Reading

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in Cassandra Woods v. START Treatment & Recovery Centers, courts within the Second Circuit must consider whether the exercise of an employee’s … Continue Reading

Update Regarding New York’s Paid Family Leave Law (Effective Jan. 1, 2018)

As we reported previously New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees with eight full weeks of paid family leave, funded exclusively through employee payroll deductions. The benefit amount and length of the … Continue Reading

Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters

Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a potential lawsuit looming over their heads for pay violations they may not even know exist. Before 2010, Opinion … Continue Reading

Understanding the New Overtime Regulations

Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight into how to understand, and ultimately apply, the new regulations, which will affect employers of all sizes in all industries across … Continue Reading

New York: Women’s Equality Act Legislation

In 2013, Governor Cuomo proposed multiple pieces of legislation, dubbed the Women’s Equality Act (“WEA”), to protect and further women’s equality in New York state. The legislation has been signed and became effective last week. For employers, the new legislation addresses key employment issues and will undoubtedly require employers to revisit their policies and practices. … Continue Reading

New York City Fair Chance Act

New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been extended. While it has always been a requirement that NYC employers first consider a set of eight specific factors before … Continue Reading

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor Standards Act (“FLSA”) regulations that define exempt executive, administrative, and professional employees (“exempt white collar employees”). The current salary … Continue Reading

Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on Pregnancy Discrimination

The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about the Guidance, it “updates prior guidance on this subject in light of legal developments over the past thirty years.” This Guidance comes as little surprise. … Continue Reading

Rochester, NY Approves Ban-the-Box Legislation

Rochester, New York joins many other cities and states in “banning the box,” prohibiting most employers (with limited exceptions) from inquiring about an applicant’s criminal history, including on an application, before the candidate is interviewed, or if no interview is to take place, before a conditional offer of employment is made.  Nearby cities such as … Continue Reading

The EEOC Amplifies its Focus on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013.  In partial response to these charges, earlier this month, the EEOC issued new technical assistance publications addressing religious dress and grooming in the workplace under Title VII of the Civil Rights Act of 1964 (“Title VII”).  Given the … Continue Reading

Too “Obnoxious” to Enforce: New York Court Refuses to Apply Florida Law in Considering Restrictive Covenants

Recently, a New York appellate court concluded that an employer could not rely upon a Florida choice-of-law provision in an employment agreement to enforce restrictive covenants against a former employee, even though the employer was a Florida parent corporation with its principal place of business in Florida.  The Supreme Court of New York’s Appellate Division, … Continue Reading

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May.  Such programs, though, have become a source of much attention in the media, courts, state and federal agencies, and even legislatures.  Front and center in this debate … Continue Reading

Walking in a Winter Litigation Wonderland: Top Employment Mistakes to Avoid at Your Company Holiday Party

As 2013 draws to a close, attentions turn to the festivities and merriment of the holiday season, and many employers gear up for office holiday parties.  A holiday party is a great way to reward employees for a long year’s work, encourage employees to mingle with coworkers outside of their immediate work groups, and set … Continue Reading

ALERT! OSHA Launches Online Complaint System Making It Easier for Workers to File Whistleblower Complaints

As part of its effort to protect employee whistleblowers, the Occupational Safety & Health Administration’s Whistleblower Protection Program launched on December 5 an online complaint system to make it easier for employees to file complaints against unsuspecting employers.  Baker Hostetler’s Whistleblower and Compliance Team issued an Executive Alert on the new system.  Read it here.… Continue Reading
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