Events & Publications
- Feb 04, 2021
- Publications
As directed by President Biden, the Occupational Safety and Health Administration (OSHA) has issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The OSHA guidance includes recommendations on…
- Jan 29, 2021
- Publications
Litigation partners Bob Atkins and Liza Velazquez were recognized in The American Lawyer’s “Litigation Daily” newsletter January 29 for their successful Second Circuit appeal affirming their trial victory for IBM in a noncompetition…
- Jan 13, 2021
- Publications
The Antitrust Division of the U.S. Department of Justice has announced the first criminal indictments for “no-poach” and wage-fixing agreements. These indictments follow a change in policy announced by the DOJ several years ago to…
- Jan 04, 2021
- Publications
The DOL has announced a proposed rule to clarify the “economic reality” test for determining independent contractor status under the Fair Labor Standards Act (FLSA). However, President-elect Joseph Biden stated he would establish a…
- Dec 28, 2020
- Publications
Congress recently passed the Consolidated Appropriations Act, which includes additional assistance for individuals and businesses facing COVID-19-related economic difficulties.
- Dec 14, 2020
- Publications
With the Pfizer/BioNTech vaccine and other COVID-19 vaccines likely to become available to the U.S. population soon, many employers are considering whether to impose mandatory vaccination policies on their employees.
- Sep 29, 2020
- Publications
The U.S. Department of Labor recently proposed a rule revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA) and adopting the “economic reality” test for determining such status. The DOL …
- Aug 11, 2020
- Publications
The District Court for the Southern District of New York issued a decision (the “Decision”) vacating parts of a temporary rule (the “Rule”) implementing the emergency family leave and paid sick leave requirements of the Families First …
Meredith Dearborn and Jessica Phillips, two talented trial lawyers, are joining the firm as partners in the Litigation Department.
- Jul 22, 2020
- Publications
Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “High Court Affirms 2nd Circ. in Holding Title VII Prohibits Sexual Discrimination,” appeared in the July 22 issue of the New…
- Jul 22, 2020
- Publications
The Department of Labor has issued additional guidance on critical issues regarding wage and hour, family and medical leave, discrimination, and returning furloughed employees to work as businesses reopen amid the COVID-19 pandemic.
- Jun 23, 2020
- Publications
In Bostock v. Clayton County, the U.S. Supreme Court recently held that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their sexual orientation or transgender…
- Jun 22, 2020
- Publications
The Occupational Safety and Health Administration (OSHA) recently issued guidance for “non-essential businesses” that have reopened or are preparing to reopen. Businesses are encouraged to reopen in three phases, addressing and…
- Jun 04, 2020
- Publications
Congress recently passed the “Paycheck Protection Program Flexibility Act.” The act extends the forgiveness period and repayment deferment period for loans borrowed under the Small Business Administration’s Paycheck Protection Program …
- May 30, 2020
- Publications
Under the NY Forward Reopening Plan, New York State has now issued guidance for reopening Phase Two industries.
- May 28, 2020
- Publications
In this installment of our client alerts focused on class certification decisions, we discuss three recent cases which illustrate an issue percolating in district courts across the country regarding personal jurisdiction in nationwide …
- May 19, 2020
- Publications
Under New York State’s reopening plan, non-essential businesses in the state’s 10 regions can begin reopening once their region meets seven metrics established to protect public health. Within each region that meets the public health…
- May 11, 2020
- Publications
On May 6, 2020, the U.S. Department of Education released its long-awaited final regulations governing how colleges and universities must investigate and adjudicate allegations of sexual assault and sexual harassment.
- Apr 27, 2020
- Publications
Drawing on new guidance by the EEOC, the CDC and OSHA, we offer practical considerations for employers on navigating some of the difficult issues involved in planning and implementing a successful and safe return to the workplace.
- Apr 25, 2020
- Publications
The SBA has issued a new interim final rule on the PPP program, which clarifies that private equity firms and hedge funds are ineligible for PPP loans.
- Apr 17, 2020
- Publications
A new DOJ-FTC joint antitrust statement regarding COVID-19 and competition in labor markets issued April 13 is an important reminder that anticompetitive labor practices may lead to civil or even criminal liability in certain…
- Mar 27, 2020
- Publications
With the passage of the Coronavirus Aid, Relief, and Economic Security Act now imminent, we summarize key provisions of the emergency stimulus package, including relief for small businesses; emergency funding for companies suffering…
- Mar 21, 2020
- Publications
In light of the significant economic impact of the COVID-19 pandemic upon businesses, we address the legal considerations for employers and certain employee protections in connection with reductions of employee headcount and/or…
- Mar 19, 2020
- Publications
New York Governor Andrew Cuomo signed a law guaranteeing paid sick leave to certain workers directly affected by COVID-19. We summarize key provisions of the bill, including criteria for employee eligibility, qualifying employers and…
- Mar 17, 2020
- Publications
The Trump Administration on March 16 released new guidelines over the next 15 days in hopes of slowing the spread of COVID-19. We provide updates on new federal, state and city guidelines and address challenges for employers striving…
- Mar 12, 2020
- Publications
In an op-ed in the National Law Journal, litigation partners Jeh Johnson and Jeannie Rhee leverage their years of leadership in government service to offer guidance to general counsel and chief legal officers contending with…
- Mar 10, 2020
- Publications
With each day that COVID-19 grows as a threat to communities across the country, employers face unprecedented challenges and concerns. We provide a brief overview of the legal obligations relevant to employers during this public…
- Feb 28, 2020
- Publications
On February 26, 2020, the National Labor Relations Board (the “NLRB” or the “Board”) announced its final rule (the “Final Rule”)[1] establishing the standard for determining whether an entity should be considered a joint employer…
- Jan 28, 2020
- Publications
The U.S. Department of Labor announced its final rule setting out a four-part balancing test for determining whether a person or entity is a “joint employer” under the Fair Labor Standards Act when an employee performs work for one…
- Oct 01, 2019
- Publications
The U.S. Department of Labor has published its final rule that raises the earnings threshold to qualify for overtime and minimum wage exemptions under the Fair Labor Standards Act to $684 per week and allows employers to count…
- Sep 27, 2019
- Publications
In this installment of our client alerts focused on class certification decisions, we discuss recent cases evaluating the impact on class certification of economic models that sweep in uninjured class members.
- Jul 01, 2019
- Publications
The New York State Legislature has passed a bill amending the laws that govern sexual harassment and discrimination claims in New York State.
- May 07, 2019
- Publications
In an April 29, 2019 opinion letter (FLSA2019-6) (“Letter”), the U.S. Department of Labor (“DOL”) issued new guidance on who qualifies as an employee for purposes of the Fair Labor Standards Act (“FLSA”).
- May 03, 2019
- Publications
On April 24, 2019, the Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, holding that under the Federal Arbitration Act (“FAA”) class arbitration may not be compelled based on ambiguous contract language.
- Apr 05, 2019
- Publications
The Department of Labor (“DOL”) issued a proposed rule on April 1, 2019, setting out a new four-factor test for determining whether a business is a “joint employer” under the Fair Labor Standards Act (“FLSA”).
- Mar 20, 2019
- Publications
On March 7, 2019, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, change the overtime exemption regulations for certain executive, administrative, and professional employees…
Litigation partner Liza Velazquez spoke on the plenary panel on “Investigations in the Post-Weinstein Era” at the American Employment Law Council’s 26th Annual Conference on October 12.
- Oct 10, 2018
- Publications
On October 1, 2018, the New York State Department of Labor (the “DOL”), with the New York State Division of Human Rights, issued final guidance materials related to the State’s enhanced protections against workplace sexual harassment.
- Sep 05, 2018
- Publications
New York’s Department of Labor and Division of Human Rights recently issued a draft model sexual harassment prevention policy and training module.
- May 24, 2018
- Publications
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act…
- May 10, 2018
- Publications
On April 12, 2018, New York Governor Andrew Cuomo signed into law the state’s budget for fiscal year 2019, which contains a number of new measures that expand current state anti-sexual harassment protections.
- Mar 08, 2018
- Publications
The Second Circuit recently ruled in an en banc decision that Title VII of the 1964 Civil Rights Act covers discrimination based on sexual orientation.
- Feb 22, 2018
- Publications
The Supreme Court held yesterday that individuals who have reported alleged misconduct internally, but not to the SEC, are not covered by the anti-retaliation provisions of the Dodd-Frank Act, resolving a circuit split on the…
- Jan 22, 2018
- Publications
A little-publicized provision of the tax law enacted last month bars companies from deducting one type of settlement as a business expense: settlement payments and associated attorneys’ fees related to sexual harassment or abuse where …
- Jan 05, 2018
- Publications
Recent highly publicized instances of alleged sexual harassment and sexual assault in the workplace have caused many employers to re-evaluate their sexual harassment policies and procedures
The U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2016 Final Rule, which revised overtime exemption regulations for certain employees under the FLSA.
- Oct 26, 2017
- Publications
New York City employers will be barred from inquiring about or relying on an applicant’s salary history during the hiring process under a new law going into effect October 31. In this alert, we discuss the new law’s reach and…
- Oct 06, 2017
- Publications
The Supreme Court will address a number of issues important to the business community in the upcoming term, including the scope of the Alien Tort Statute, the validity of arbitration clauses in certain employment agreements, and the…
- Sep 08, 2017
- Publications
A district judge recently issued a final ruling striking down overtime eligibility changes implemented by the Department of Labor during President Obama’s administration. The changes, set to take effect last December, would have more …
- Aug 14, 2017
- Publications
In a stark reversal, the U.S. Department of Labor recently backed away from defending in court new thresholds that raised the minimum salary that full-time white-collar employees must earn to be exempt from overtime pay. The DOL also …
- Jan 23, 2017
- Publications
On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and…
- Dec 02, 2016
- Publications
The U.S. Department of Labor's final rule revising overtime
exemption regulations for white-collar employees was set to take
effect December 1. But a nationwide injunction last month blocking
the rule leaves companies uncertain…
- Nov 10, 2016
- Publications
The DOJ's Antitrust Division and the FTC recently published the
agencies' first official guidance on antitrust issues in hiring and
employment practices. The White House Council of
Economic Advisors recently also…
- Jun 28, 2016
- Publications
The Supreme Court's 2015-2016 Term will be remembered for the unexpected death of Justice Antonin Scalia on February 13, 2016.
- Jun 06, 2016
- Publications
In Green v. Brennan, No. 14-613 (May 23,
2016), the Supreme Court held that, in constructive-discharge
claims brought by federal employees under Title VII of the Civil
Rights Act of 1964, the limitations period for the time…
- Apr 28, 2016
- Publications
Litigation partners Marty Flumenbaum and Brad Karp's Second
Circuit Review column appeared in the April 27 issue of the New
York Law Journal.
- Mar 25, 2016
- Publications
On March 22, 2016, the United States Supreme Court, in its widely anticipated decision Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, ruled 6-2 that statistical evidence and representative sampling could be used by plaintiffs…
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