Biometrics in the Workplace
Submitted by Ali Law Group PC on February 17, 2018 Many businesses now use biometrics in the workplace for purposes such as customer access, data security, and to track employee attendance. Biometric time clocks have replaced handwritten or paper timesheets, allowing employees to clock in with fingerprints, palmprints or iris scans. With the use of biometric […]
Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees
Submitted by Ali Law Group PC on January 8, 2018 In the recent decision of Wang v. Hearst Corp., No. 16-3302 (2d Cir. 2017), the United States Second Circuit Court of Appeals affirmed the lower court’s dismissal of claims filed by five participants in the Hearst Corporation’s internship program claiming minimum wage violations under the Fair […]
Cuomo Unveils Proposal for Elimination of Tip Credits
Submitted by Ali Law Group PC on January 6, 2018 Governor Andrew M. Cuomo recently announced a proposal to direct the New York Department of Labor (NYDOL) to schedule public hearings to examine industries and evaluate the possibility of eliminating wage tip credits in New York State. Currently, New York employers are permitted to pay tipped workers […]
Federal Court Strikes Down Department of Labor’s “White Collar” Overtime Rule
Submitted by Ali Law Group PC on September 11, 2017 On August 31st the U.S. District Court for the Eastern District of Texas struck down the Obama administration’s rule that expanded overtime protections of “white collar” workers. The overtime regulation that was overruled would have expanded federal overtime regulations to four million more employees and […]
EEOC Suspends Pay Reporting Obligations
Submitted by Ali Law Group PC on September 8, 2017 As predicted under the new administration, the Office of Management and Budget and Office of Information and Regulatory Affairs informed the Equal Opportunity Commission (EEOC) that it is suspending the revised EEO-1 form. This revised EEO-1 form was established by the EEOC under the Obama […]
New Regulations Added to the “Freelance Isn’t Free Act”
Submitted by Ali Law Group PC on August 25, 2017 Effective July 24, 2017, additional regulations were added to NYC’s “Freelance Isn’t Free Act”. These new regulations serve to clarify and strengthen the Act, which was created to establish and enhance protections for freelance workers. The Act ensures that freelance workers have the right to […]
U.S. Senator Introduces Gig Economy Portable Benefits Bill
Submitted by Ali Law Group PC on June 1, 2017 Over the past decade, 1099 workers have become a large and vastly growing part of the economy. In fact, the vast majority of new employment and job growth in the U.S. has been among independent contractors, temporary workers, freelancers, and other individuals under contingent or […]
New York State Appellate Court Says 24-Hour Non-Residential Home Care Workers Must Be Paid for All 24 Hours, Including Meal and Sleep Periods
Submitted by Ali Law Group PC on May 2, 2017 On April 11, 2017, in an unprecedented state appellate court decision, the First Department, Appellate Division of the NYS Supreme Court held that “non-residential” home care workers who work 24-hour shifts must be paid for all 24 hours. Tokhtaman v. Human Care, LLC (2017 NY […]
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 […]
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 ___, […]
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 […]