by: Diana McManus The United States Department of Labor (“USDOL”) has issued a recent opinion regarding whether prepayment of overtime paid to caregiver employees who work live-in and extended shifts based upon expected number of hours worked satisfied an employer’s overtime obligations under the Fair Labor Standards Act (“FLSA”). Specifically, an opinion was sought regarding […]

by: Matthew Daly Amazon.com Inc., the nation’s second largest employer, is set to face its fiercest labor battle since the company’s formation in 1994. Thousands of employees at an Alabama warehouse will cast their votes to decide whether they will unionize, something that has been attempted but never materialized in the company’s recent history. However, […]

by: Matthew Petrouskie From the onset of the COVID-19 Pandemic, Americans have largely embraced the exodus out of the traditional office space. Remote working has created a unique opportunity to get the job done from anywhere in the country or even anywhere in the world. However, certain states such as Massachusetts has implemented a policy […]

by: Ryan Biesenbach On April 3, 2020, Governor Cuomo passed Assembly Bill A9506B, granting most New Yorkers paid annual sick leave through New York State’s Permanent Sick Leave Law (“NYSPSL”). The law was passed as part of a multitude of legislation enacted in response to the ongoing COVID-19 pandemic. The law was adopted as part of […]

On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) announced a Notice of Proposed Rulemaking (NRPM) in the Federal Register to revise an Obama Administration regulation, Improve Tracking of Workplace Injuries and Illnesses. The proposed rule repeals the requirement for businesses with 250 or more workers to electronically submit information from the OSHA […]

Following President Trump’s nomination of U.S. Appellate Court Judge Brett Kavanaugh to Supreme Court Justice Anthony Kennedy’s open seat, much of the political discussion has revolved around Kavanaugh’s past statements regarding a sitting President’s immunity from criminal prosecution and investigation and whether Roe v. Wade will be overturned. However, one of the greatest impacts of […]

2nd U.S. Circuit Court of Appeals to Hear Case that Questions the Mandatory Court Approval of FLSA Settlements On October 23, 2017, a petition was granted by the Second Circuit Court of Appeals to consider whether parties can use a procedural rule to settle federal wage-and-hour lawsuits without abiding by the current framework that requires […]

A Magistrate Judge sitting the Southern District of New York denied, for the second time, a motion for conditional certification of a nationwide collective action against Barnes & Noble. It is well-settled that the burden for “first stage” certification is modest. Now, it would appear courts are willing to apply a “modest plus” approach after […]

In Janus v. AFSCME, the U.S. Supreme Court ruled, in its 5-4 decision, that employees who choose not to join labor associations — but who work in union shops and benefit from union-negotiated contracts without paying union dues — do not have to pay agency fees similar to ones paid by full-fledged members that go […]