Allan Bloom
Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.
As the leader of Proskauer’s Wage and Hour Practice Group, Allan has been a strategic partner to a number of Fortune 500 companies to help them avoid, minimize and manage exposure to wage and hour-related risk. Allan’s views on wage and hour issues have been featured in The New York Times, Reuters, Bloomberg and Fortune, among other leading publications. His class-action defense work for clients has saved hundreds of millions of dollars in potential damages.
Allan is regularly called on to advise boards of directors and senior leadership on highly sensitive matters such as executive transitions, internal investigations and strategic workforce planning. He also has particular expertise in the financial services industry, where he has litigated and arbitrated cases, including at FINRA and its predecessors, for more than 20 years.
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NOTE: As of November 6, 2021, the Emergency Temporary Standard (“ETS”) has been stayed pending judicial review. On Nov. 16, 2021, the petitions challenging the ETS were consolidated to the U.S. Court of Appeals for the Sixth Circuit, which will now hear the matter going forward. The new federal rule requiring employers with 100 or … Continue Reading
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well. Also, … Continue Reading
On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its subcontractors. The groundbreaking new law—which adds new section 198-e to the Labor Law (“§ 198-e”)—continues the expansion of worker rights … Continue Reading
New York Governors seem to have a history of favoring employees with Labor Law giveaways as they check out of the Executive Mansion. (Remember the Wage Theft Prevention Act, signed by David Paterson days before he left office in December 2010?) On August 20, 2021, four days before his resignation took effect, former Governor Andrew … Continue Reading
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory security screening on an employer’s premises is compensable “hours worked” under Pennsylvania law. The decision from the Commonwealth’s high court, … Continue Reading
The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”). The DOL’s action removes the regulations established by the 2020 Rule and will become effective on September 28, 2021. 2020 Joint Employer Rule The 2020 … Continue Reading
Remember the Trump administration’s new rule for classifying workers as independent contractors? The one issued on January 6, 2021, only weeks before President Biden took office? The one that would have revised the U.S. Department of Labor’s test for determining worker status under the Fair Labor Standards Act to focus on two “core factors” (control … Continue Reading
On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims. In Field Assistance Bulletin No. 2021-2, issued by the Wage and Hour Division’s Principal Deputy Administrator, Jessica Looman, the agency announced that … Continue Reading
In a complaint filed on March 26, 2021, business groups challenged a U.S. Department of Labor March 4, 2021 final rule to delay the effective date of the Trump-era regulation on independent contractor classification. As we previously reported, that Trump-era rule, which was finalized two weeks before President Biden took office, was initially scheduled to … Continue Reading
We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level: On March 11, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD)—as expected—announced its proposals to rescind the Trump-era rules on independent contractor classification and joint employment. WHD’s … Continue Reading
In this episode of The Proskauer Brief, partners Harris Mufson, Evandro Gigante, and Allan Bloom discuss key potential employment law changes under the Biden Administration. Tune in as we explore an evolving legal landscape – from new health and safety requirements to wage and hour regulations and expanded anti-discrimination laws. Listen to the podcast. … Continue Reading
In accordance with the Biden administration’s January 20 regulatory freeze memorandum, the U.S Department of Labor issued proposals to delay the effective dates of the Final Rules on independent contractor classification and tip regulations by 60 days, to allow the agency “the opportunity to review and consider the questions of law, policy, and fact raised … Continue Reading
On January 29, the U.S. Department of Labor announced that it was discontinuing the Payroll Audit Independent Determination (“PAID”) program, effective immediately. Under the program, which began in 2018, employers could self-report wage and hour violations to the DOL with the promise that the agency would supervise a settlement of the violations without seeking liquidated … Continue Reading
***UPDATE: The United States Senate confirmed Julie Su to serve as Deputy Labor Secretary on July 13, 2021. Su’s nomination was approved by a vote of 50-47, along party lines.*** ***UPDATE: According to a Bloomberg Law Report, the Senate Health, Education, Labor and Pensions Committee will hold a confirmation hearing for Julie Su on March … Continue Reading
As expected, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the withdrawal of three opinion letters issued in the waning days of the Trump administration. The opinion letters being withdrawn are: FLSA2021-4, which addressed whether a restaurant may institute a tip pool under the Fair Labor Standards Act that includes both servers, … Continue Reading
As expected, one of the first orders of business from the U.S. Department of Labor under the Biden administration was to scrap the 2020 “PRO Good Guidance Rule,” which imposed heightened burdens on the agency in connection with issuing guidance. The rule, issued last August in response to Trump’s Executive Order 13891—which directed federal agencies … Continue Reading
As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all non-emergency rulemaking and regulatory activity pending review by the new administration. The memo asks the executive agencies, which include the U.S. … Continue Reading
The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six. In FLSA2021-1, WHD determined that account managers at a life sciences manufacturer qualify for the FLSA’s administrative exemption. The account … Continue Reading
On January 7, 2021, President-elect Joe Biden announced Boston Mayor Marty Walsh as his nominee for Secretary of Labor. If confirmed, Mayor Walsh would represent a stark contrast to incumbent Labor Secretary, longtime management attorney Eugene Scalia. Walsh served as the president of Laborers’ Union Local 223 prior to being elected Mayor. AFL-CIO President Richard … Continue Reading
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first … Continue Reading
On December 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters—one on home-to-office travel time and one on live-in caregivers. Such “lame duck” opinion letters—issued post-Election Day when there is a change in both administration and political party—were at one point in recent memory quite uncommon. The Carter … Continue Reading
On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related travel. The rules at issue only apply to non-exempt (e.g., overtime-eligible) employees. If the time is considered “hours worked” under the FLSA, … Continue Reading
With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political speech and activity both in and outside the workplace. In this second installment, we’ll examine employees’ rights to take time … Continue Reading
In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of workers as independent contractors has been the subject of a number of private lawsuits and investigations by government agencies. This is true for traditional industries and … Continue Reading
New Federal Vaccine Rule: Wage and Hour Implications
Do We Have to Pay for That? Part 1—COVID-19 Vaccination, Testing, and Screening Activities (Updated Nov. 5, 2021)
By Allan Bloom on Posted in Class/Collective Action, FLSA, Wage and Hour
New York Legislates Joint Wage Liability for Construction Industry Contractors
By Allan Bloom and Megan Childs on Posted in Wage and Hour
New York Labor Law Amendments Expand Scope of “Deductions” Claims
By Allan Bloom on Posted in Wage and Hour
Pennsylvania Employers Must Pay for Time Spent in Security Screenings
By Allan Bloom and Eric Novak on Posted in Class/Collective Action, FLSA, Wage and Hour
DOL Rescinds Trump-Era Joint Employer Rule
By Heylee Bernstein and Allan Bloom on Posted in Biden Administration Coverage, FLSA, Independent Contractor, Wage and Hour
Trump-Era Independent Contractor Rule Never to See Light of Day
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
DOL and Liquidated Damages: The Breakup Only Lasted 9 Months
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
Business Groups Challenge Biden Administration’s Delay of Trump-era Independent Contractor Rule
By Allan Bloom and Eric Novak on Posted in Biden Administration Coverage, FLSA, Independent Contractor, Wage and Hour
Biden Administration Wage and Hour Update: 50 Days In…
[Podcast]: What Can Employers Expect from the Biden Administration?
By Harris Mufson, Evandro Gigante and Allan Bloom on Posted in Biden Administration Coverage, The Proskauer Brief Podcast
DOL Takes First Step to Revisit Independent Contractor and Tip Rules
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
DOL Ends PAID Program
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
Biden Continues to Address Administration’s Top Labor Positions, Plans to Nominate Julie Su as Deputy Labor Secretary
By Allan Bloom and Heylee Bernstein on Posted in Biden Administration Coverage
DOL Begins Withdrawal of Trump-Era Opinion Letters
Biden DOL Tosses Trump-Era “PRO Good Guidance Rule”
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception
By Allan Bloom on Posted in FLSA, Wage and Hour
President-Elect Biden Nominates Marty Walsh for Secretary of Labor
By Allan Bloom and Thomas B. Fiascone on Posted in Biden Administration Coverage
Significant Workplace Changes in Store Under the Biden Administration
By Allan Bloom, Tony Oncidi, Dominique Kilmartin, Elizabeth Dailey, Joshua Fox, Steven Porzio and Tony S. Martinez on Posted in Biden Administration Coverage
Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers
By Allan Bloom on Posted in FLSA, Wage and Hour
DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time
By Allan Bloom on Posted in FLSA, Wage and Hour
Election Season and the Workplace, Part 2: Political Leave Laws
By Allan Bloom, Alex Downie and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
[Podcast]: DOL’s Proposed Rule on Independent Contractors
By Allan Bloom and Harris Mufson on Posted in Independent Contractor, The Proskauer Brief Podcast, Wage and Hour
