In some employment discrimination cases, an employee may allege that the employer treated him or her so poorly that the employee was essentially forced to quit, or in other words, that the employee was “constructively discharged.”  Last week, the United States Supreme Court ruled that the statute of limitations on an employee’s constructive discharge claim does not begin to run until that employee gives notice of his or her intention to resign. 


The Department of Labor released its final regulations to the Fair Labor Standards Act changing overtime exemptions today. Previously, employees earning a salary of $455 per week ($23,660 annually) or more could potentially be exempt from overtime pay. The new regulations include a much higher salary threshold of $913 per week ($47,476 annually), with automatic threshold increases every three years. Additional information regarding the new regulations can be found


Passed last month and effective January 1, 2018, New York’s Paid Family Leave Benefits Law is the most comprehensive paid family leave law in the country, and will require all employed New Yorkers to pay into the employee-funded program.  The law will initially guarantee all New York employees, both full time and part time, half pay for up to eight weeks to care for an infant, a family member with a serious health condition, or to attend to family matters when someone is called to active military service.


While it is preferred and wise to have strong policies in place for our employees, a failure to train them about such policies can create significant problems.


Last year, a new “speedy” election rule was put in place by the NLRB to shorten the length of time between a petition for union representation and the vote to approve or disapprove of the union.  This new rule caused a lot of concern for employers, and many expected a big uptick in the number of elections and union victories. 


In late March, four players from the U.S. women’s national soccer team filed a discrimination claim with the EEOC against the U.S. Soccer Federation, claiming that they make far more money for the organization than the men’s team but they are paid substantially less.  The complaint states that the duties of members on each team are virtually the same, yet the women are paid between 38% and 72% less than the men for non-tournament matches.


Our attorneys have presented on a myriad of labor and employment topics, including those listed below.  We would be happy to speak to your leadership group, HR team and/or employees about these and other areas of frequent concern for our clients.  Please contact Paul Keneally, Jennifer Shoemaker or Alina Nadir to schedule a presentation.


The Department of Labor has finalized a new regulation under the Labor-Management Reporting and Disclosure Act that requires 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.  Previously, the rule did not require employers to report hiring attorneys or consultants for “advice,” meaning as long as the attorneys or consultants had no direct contact with employees, the employer did not have to disclose that it obtained such advice. 


Word from the 2016 Society of Human Resource Management (SHRM) National Legislative Conference this week is that the new federal Department of Labor regulations (Part 541) regarding overtime will be out sooner than expected, in the latter part of April.  In addition to the well-publicized increase in the minimum salary that will need to be paid to make an employee exempt from overtime pay (over $50,000 per year), there are expected to be significant changes in the duties requirements for each exempt status category. 


The Internal Revenue‎ Service (IRS) has issued an Alert regarding a new phishing spoofing scheme that infiltrates company email systems. Human resources, payroll or other relevant employees receive an email purporting to be from the Company CEO or other senior official requesting an email response with W-2 information, names, social security numbers, dates of birth, addresses, salary and/or other personal information in order for the phishers/spoofers to steal their identity.