Category Archives: Labor & Employment

Update: DOL Regulation For Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or payroll debit card. The regulations were scheduled to take effect on March 7, 2017. As we described in detail in our previous …

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R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the …

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Waiting for Gorsuch: SCOTUS Kicks Important Class Action Waiver Case to Next Term

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the Seventh Circuit, presents the High Court with a chance to resolve a robust circuit split on …

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Trump Directs Reexamination of the Fiduciary Rule Changes

President Donald Trump issued a memorandum late last week directing the Department of Labor to reexamine the anticipated changes to the fiduciary rule applying to most retirement plans and individual retirement arrangements. The changes are set to go into effect on April 10, 2017; however, the memorandum directs the Department of Labor to conduct a …

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Super Bowl 51: What to Do When Fantasy is Over and Football Fever Becomes Work Reality?

Super Bowl LI is just around the corner, and many of your employees probably already have football fever. According to a January 2016 study conducted by the Workforce Institute at Kronos, 77 percent of American workers planned to watch Super Bowl 50. So whether they are cheering for the Patriot’s ninth Super Bowl appearance, the halftime …

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Right to Disconnect: New Right for French Employees?

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 According to the law, it belongs to the employers and the unions to negotiate this new right to determine its modalities of application and …

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DOL Overtime Rule Appeal Faces Uncertainty

Efforts to fast track the appeal of a nationwide preliminary injunction that prevents the U.S. Department of Labor (DOL) from implementing drastic proposed revisions to federal overtime regulations just got “Trumped.” After obtaining an order in December 2016 to expedite the appeal while President Obama was still in office, attorneys for the federal government filed …

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Massachusetts Commission Against Discrimination: Job Transfer Not Retaliation

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection between his earlier discrimination complaint and a later adverse action. Most interesting was the Hearing Officer’s determination that the Complainant had failed to establish a …

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Supreme Court Solicits Opinions on Breadth of Remedies under ERISA—Including Indemnity and Contribution

Earlier this week, the Supreme Court got back to work in the New Year. One of the court’s first orders of business was to invite the Acting Solicitor General to file a brief expressing the views of the United States in a handful of cases. Fenkell v. Alliance Holdings, Inc., a somewhat controversial ERISA case, landed …

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“Change” Comes to Washington—What to Expect

On January 3, 2017, the 115th U.S. Congress opened with Republican majorities in both houses: U.S. Senate: 52 Republicans and 46 Democrats and 2 Independents who Caucus with the Democrats U.S. House of Representatives: 241 Republicans and 194 Democrats On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the …

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