House Narrowly Passes Bill To Repeal and Replace ACA

Submitted by Ali Law Group PC on May 18, 2017 On May 4, 2017, President Trump’s 105th day in office, the U.S. House of Representatives passed the American Health Care Act (“AHCA”) (H.R. 1628) by an incredibly slim margin. After the original bill to repeal and replace the Affordable Care Act failed to garner enough […]

Work Flexibility Legislation Proposed in NYC

Submitted by Ali Law Group PC on March 21, 2017 On March 3, 2017, the New York City Council’s Committee on Civil Service and Labor (the “Committee”) conducted a hearing on Introduction No. 1399, the proposed legislation requiring NYC employers to consider employee requests for flexible work arrangements. Aimed at improving working conditions related to […]

EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

Submitted by Ali Law Group PC on March 14, 2017 On January 10, 2017, The Equal Employment Opportunity Commission (EEOC) issued a Proposed Enforcement Guidance on Unlawful Harassment. The proposed guidance gives us insight into how the EEOC will likely evaluate and prosecute administrative complaints. According to the EEOC, the purpose of the enforcement guidance […]

Jewelry Firm Faces Sex Discrimination Class-action Lawsuit

Submitted by Ali Law Group PC on March 14, 2017 Sterling Jewelers, the parent company of Kay Jewelers and Jared, is defending against a gender discrimination class-action case involving thousands of current and former employees of the Jeweler alleging pay discrimination and hundreds alleging sexual misconduct. Since the 1990s, female employees of the Jewelry firm […]

DOL Overtime Rule Faces Uncertain Future

Submitted by Ali Law Group PC on February 28, 2017 On November 22, 2016, a federal judge granted a nationwide preliminary injunction blocking the U.S. Department of Labor’s (DOL’s) overtime rule—which more than doubles the required salary level to qualify for the Fair Labor Standards Act (FLSA) “white collar” exemptions—from taking effect on December 1, […]

Fourth Circuit Adopts New FLSA Joint Employer Test

Submitted by Ali Law Group PC on February 21, 2017 On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit* adopted a new six-factor test to determine whether two or more entities are joint employers under the Fair Labor Standards Act (“FLSA”).  Salinas v. Commercial Interiors Inc., No. 15-1915, ___ F.3d ___, […]

DOL Fiduciary Rule in Jeopardy: How Employers Can Protect 401(K) Investors

Submitted by Ali Law Group PC on February 15, 2017 President Trump has signed an executive order instructing the Department of Labor (DOL) to “rescind or revise” the controversial ruling passed last year imposing a “fiduciary rule” on retirement accounts. With an applicability date of April 10, 2017, the rule broadly defines who is a “fiduciary” […]

Employer’s “Honest Belief” Defeats FMLA Retaliation Claim

Submitted by Ali Law Group PC on February 7, 2017 On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave can be enough to defeat a retaliation claim under the […]

Does Your Employee Handbook Violate the NLRA?

Submitted by Ali Law Group PC on December 7, 2016 The National Labor Relations Act (NLRA) is an under-utilized law protecting union and non-union employee rights. Many employers do not realize that it applies to them, but the NLRA actually applies to just about every private employer whether or not your workplace is unionized. Section […]

Former Trader Joe’s Employee Says He Was Fired for Not Smiling

Submitted by Ali Law Group PC on November 18, 2016 Ex-Trader Joe’s employee Thomas Nagle recently filed an unfair labor practices charge with the National Labor Relations Board (NLRB) against the health and gourmet food chain headquartered in California with more than 400 stores nationwide. In addition to complaining of workplace hazards and harassment by […]

Recordkeeping During Natural Disasters

Submitted by Ali Law Group PC on November 2, 2016 Did you know the FLSA’s recordkeeping requirements still apply during natural disasters? It’s true. The Fair Labor Standards Act (FLSA) does not provide any relief from its record-keeping requirements due to weather-related emergencies. Thus, employers must still maintain accurate records of time worked. As nonexempt […]