Labor & Employment Blog



The U.S. Supreme Court recently announced that it would review whether, as a condition of employment, employers can require employees to sign arbitration agreements that contain a waiver of the employees’ right to participate in class and collective actions.­ 


On Friday, President-Elect Trump will be sworn in and take office.  Among the first things his administration will do is appoint new board members for the National Labor Relations Board, making it a Republican majority for the first time in many years.  Over the next few years, it is likely that they will reverse many of the actions that the Obama Board implemented, including many of its pro-union and pro-employee rulings.  Many of the NLRB decisions from the last eight years will likely be revisited, including its strong stance on social media policies and employer handbooks.  As decision


The state and federal anti-discrimination laws are quite strict in requiring, among other things, that employers take reasonable action to prevent discrimination against employees based on a broad range of protected categories, and to remediate quickly any discrimination that does occur. Discrimination under the law includes harassment based on any such protected categories.


In March 2016, we told you about the Department of Labor’s finalized “Persuader” regulation under the Labor-Management Reporting and Disclosure Act which required employers and legal consultants to report to the Department any type of arrangement that may persuade employees on whether or not to organize or collectively bargain. 


On Tuesday, the EEOC issued a guidance on rights of employees with mental health conditions under the ADA.  This is a difficult topic and we receive many questions about it.  The guidance is laid out in question and answer format and is helpful to employers struggling with how to approach the issue.  You can find the guidance here


As employers grapple with how to handle the proposed or actual employee status and/or compensation changes thought needed under the federal Department of Labor’s new overtime regulations that were then enjoined on November 22 by a federal court in Texas, they must keep in mind that the new regulations are not dead yet. 


The changes to the minimum salary threshold for exempt employees that were to take effect on December 1, 2016 have been halted by a federal judge in Texas.  The judge found that the new overtime rules improperly created a salary test to determine which employees were exempt, instead of a duties test. 


The new federal overtime rules, set to take effect on December 1, 2016, have been enjoined nationwide by a federal judge in Texas. Therefore, the higher $47,000 minimum salary for exempt employees will not apply, and current law remains in effect. More information from SHRM can be found here.

Check back Monday for information on less onerous New York State specific minimum salary regulations. 


Many employers are rejoicing that Donald Trump is President-Elect.  Many are convinced that the employer-unfriendly decisions of the past eight years at the National Labor Relations Board will be reversed, including its narrow focus on social media.  In addition, it is likely the Chair of the Equal Employment Opportunity Commission will be replaced and that we may see its attention shift, including paring back the new EEO-1 reporting obligations, if not eliminating them altogether. 


Employers adapting to the new regulations under the Fair Labor Standards Act (FLSA), effective December 1, 2016, are increasingly turning to the Salaried, Nonexempt designation in order to save costs by paying half-time instead of time-and-a-half overtime.