Allan Bloom
1-212-969-3880
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.
Subscribe to all posts by Allan Bloom
On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval. Mei Xing Yu et al. v. Hasaki Restaurant Inc., No. 17-3888 (2d Cir. Dec. 6, 2019). The decision departs from the conventional view that settlements of … Continue Reading
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers Inc., Pennsylvania Supreme Court, No. 22-WAP-2018. Under the FWW method of pay, an overtime-eligible employee receives a fixed salary for all hours … Continue Reading
As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with up to 40 hours of paid leave per year, to be used for any purpose, including non-medical personal reasons. … Continue Reading
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County … Continue Reading
On January 1, 2020, the new federal overtime rule takes effect. Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will be required to pay most executive, administrative, and professional employees at least $684 per week ($35,568 per year). Are you ready for … Continue Reading
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line: The salary minimum for exemption as an executive, administrative, or professional employee will jump from $455 per week ($23,660 per year) to $684 … Continue Reading
Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which is scheduled to take effect on June 25, 2020, will apply to employers with fifteen or more employees in Toledo, and will prohibit such employers and their … Continue Reading
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary history inquiries and criminal background checks. Pay Disparity Effective January 1, 2021, the Equal Pay for Equal Work Act (the “Act”) will prohibit … Continue Reading
Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. Paid Personal Leave Following in the footsteps of Maine, which recently became the first state to enact a personal leave law, SB 312 will require private employers with 50 or … Continue Reading
UPDATE – On December 31, 2019, Governor Andrew Cuomo vetoed the bill; however, he indicated that he intends to propose replacement legislation in 2020 to allow victims of wage theft to use “any and all assets, even personal assets, of the bad actor” to satisfy a judgement. The New York state legislature has passed a bill … Continue Reading
Members of the House and Senate introduced companion bills on June 11, 2019 to amend the Fair Labor Standards Act to raise the minimum salary threshold for exempt executive, administrative, and professional (“EAP”) employees to north of $50,000 and to automatically update the threshold every three years. The “Restoring Overtime Pay Act of 2019” (H.R. … Continue Reading
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading
The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that … Continue Reading
Effective October 30, 2019, Westchester County, NY employers will be required to provide paid leave to employees who are victims of domestic violence or human trafficking. Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County paid sick leave law, which … Continue Reading
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits. S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the “Act”), will require New Jersey employers with 20 or more employees to offer employees the opportunity to make pre-tax elections from their gross pay … Continue Reading
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of the service providers. The opinion should be a welcome one not only for VMCs and businesses in the “gig economy,” … Continue Reading
Even at a gathering of employment lawyers, HR professionals, and compensation veterans, one of the easiest ways to clear the room is to begin a discussion on the regular rate of pay. Few other topics, even within the general subject of wage and hour law, evoke such a universal sense of bewilderment, if not unbridled … Continue Reading
On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees receive five hours of uninterrupted sleep during an eight-hour sleep break and three hours for meal breaks. Andryeyeva … Continue Reading
As we previously reported, pursuant to a recent amendment to the New York City Human Rights Law, covered employers must now develop and implement a written policy regarding the provision of a lactation room, to be distributed to all new employees upon hire. Among other requirements, the policy must include a statement that employees have … Continue Reading
On March 14, 2019, the U.S. Department of Labor (DOL) issued an opinion letter, FMLA 2019-1-A, addressing compliance issues under the Family and Medical leave Act (FMLA). The FMLA provides eligible employees with up to 12 workweeks of unpaid leave during a 12-month period for certain family and medical reasons or to address certain qualifying … Continue Reading
The U.S. Department of Labor’s proposed new overtime rule was published in the Federal Register today. As described in our earlier post, the proposed new rule would: Raise the salary minimum for exemption as an executive, administrative, or professional employee to $679 per week ($35,308 per year). Allow employers to satisfy up to 10% of the … Continue Reading
It’s here. The U.S. Department of Labor’s Wage and Hour Division unveiled its proposed new overtime rule today. We skipped the 200-plus pages of preamble and jumped right to the proposed regulatory amendments themselves (we’ll digest the prefatory materials in another post). Here’s the deal: The salary minimum for exemption as an executive, administrative, or … Continue Reading
In yet another legal development calling into question a traditional independent contractor relationship in the U.S., the Court of Appeals for the Sixth Circuit determined that off-duty police officers were employees of a private security company for purposes of the Fair Labor Standards Act. In Acosta v. Off Duty Police Services, Inc. (6th Cir. Feb. … Continue Reading
Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review
By Allan Bloom and Dominique Kilmartin on Posted in Wage and Hour
Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful
By Allan Bloom and Abigail Rosenblum on Posted in FLSA, Wage and Hour
Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law
By Allan Bloom, Arielle E. Kobetz and Eric Novak on Posted in Leaves of Absences
Westchester County, New York Issues Guidance and Mandatory Notices for Safe Time Leave Law
By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Fewer Than 100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?
By Allan Bloom on Posted in FLSA, Wage and Hour
The New Federal Overtime Rule: What You Need to Know
By Allan Bloom on Posted in FLSA, Wage and Hour
Toledo, Ohio Passes Ban on Salary History Inquiries
By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Colorado Enacts Laws Regarding Pay Equity, Salary History and Criminal Background Inquiries
Nevada Enacts Laws Regarding Paid Personal Leave, Drug Testing, and Minimum Wage
New York State Advances Bill That Would Allow Liens Against Employers For Unpaid Wage Claims
By Allan Bloom and Laura Fant on Posted in Wage and Hour
Dems Introduce Bills to Raise Salary Minimum for Overtime Exemption
By Allan Bloom on Posted in FLSA, Wage and Hour
Kansas City, Missouri Passes Ban on Salary History Inquiries
Dallas, Texas Enacts Paid Sick Leave Law, But Its Future Remains in Question
By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Westchester County, New York to Require Paid Leave for Victims of Domestic Violence
By Allan Bloom and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New Jersey Employees to Be Entitled to Pre-Tax Transportation Fringe Benefits
By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
Washington State Legislature Passes Ban on Salary History Inquiries
DOL Validates Independent Contractor Relationships in the On-Demand Marketplace
By Allan Bloom on Posted in FLSA, Wage and Hour
DOL Proposes Updated Regular Rate Rules
By Allan Bloom and Annabel Pollioni on Posted in Class/Collective Action, FLSA, Wage and Hour
N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers
By Allan Bloom and Andrew Sherwood on Posted in Wage and Hour
New York City Releases Model Lactation Room Policies
By Allan Bloom and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
Don’t Delay: DOL Issues New Opinion Letter on FMLA Leave
By Allan Bloom and Arielle E. Kobetz on Posted in Leaves of Absences
Proposed Overtime Rule Published; Public Comment Period Open Until May 21
By Allan Bloom on Posted in Wage and Hour
Unboxing The Proposed New Federal Overtime Rule
By Allan Bloom on Posted in Wage and Hour
Moonlighting Police Officers Are Employees, Not Independent Contractors, Says Sixth Circuit
By Allan Bloom on Posted in Wage and Hour
