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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As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions. The annual increases are published by the Commissioner of Labor on or about October 1 of each year, and are based on percentage increases determined by … Continue Reading
It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a wage and hour issue and clear up some ambiguities in the law or a circuit split. Top billing this SCOTUS term goes to Helix Energy Solutions Group, Inc. v. Hewitt, in … Continue Reading
As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed, at least in part, in NYC to disclose in such advertisement of posting the minimum and maximum annual … Continue Reading
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit examined whether certain types of employee compensation—shift differentials and holiday premiums—are includable in the “regular rate” for purposes of calculating overtime pay under California law. You can read our blog about the decision in our California Employment Law Update here. For a crash … Continue Reading
Effective November 6, 2022, the Westchester County (NY) Human Rights Law is amended to require that employers with at least four employees that are posting job, transfer or promotion opportunities which “are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely”** state the … Continue Reading
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall of 2021, the U.S. Department of Labor’s Wage and Hour Division noted in the agenda that … Continue Reading
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022. The law covers employers with four or more employees and generally requires covered employers who post a job, promotion, … Continue Reading
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act. In the courts, the test has always focused on the “economic reality” of the relationship between a worker and the entity that benefits from the services provided to determine whether the worker is an employee or … Continue Reading
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software. With your timekeeping systems compromised, how do you determine what to pay your non-exempt employees, particularly with a payroll processing deadline looming? The Governing Principles To properly pay overtime-eligible employees, … Continue Reading
New York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL As the New York Times reported back in January, the U.S. Department of Labor filed … Continue Reading
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time spent in pre-shift COVID screening. Prior to clocking in each day, the plaintiff—a non-exempt truck driver whose job duties included … Continue Reading
In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State Legislature approved a bill providing similar protections to freelance workers throughout the state. The New York State Freelance Isn’t Free … Continue Reading
***UPDATE: Governor Kathy Hochul signed the bill into law on December 21, 2022. The law takes effect on September 17, 2023.*** The New York State Legislature has passed Senate Bill S9427, which will require employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the … Continue Reading
***UPDATE: Mayor Adams signed the bill into law on May 12, 2022. It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings. The bill amends several aspects of the law, including, notably, extending … Continue Reading
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading
***UPDATE: A revised version of this bill has been approved by the NYC Council. Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading
It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law (which we covered here), and there is already a new major development in the world of arbitration. Yesterday, the U.S. House passed the Forced Arbitration Injustice … Continue Reading
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading
In this blog series, we 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
Shortly after his election in November 2021, New York City Mayor Eric Adams announced that he would accept his first three paychecks in Bitcoin. On January 20, 2022, the day before his first paycheck from the City was scheduled to arrive, Mayor Adams confirmed that his salary will be automatically converted into Bitcoin and Ethereum … Continue Reading
The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month. As we previously reported, the expanded law – which took effect on January 26, 2022 – significantly bolsters protections for private-sector workers … Continue Reading
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision. On … 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
New York State DOL Increases Upstate New York Minimum Wage, Proposes Hike in Upstate Minimum Salary for Exemption
By Allan Bloom on Posted in Salary basis, Wage and Hour
SCOTUS Takes a Pass on “Gap Time” Dispute
By Allan Bloom on Posted in FLSA, Wage and Hour
Looking Ahead to 2023: Pay Transparency Developments
Regular Rate Update: California
By Allan Bloom on Posted in FLSA, Wage and Hour
Westchester County, NY Pay Transparency Law Takes Effect
An Updated Federal Overtime Rule: When’s It Coming?
By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
[Podcast]: The New York City Pay Transparency Law Takes Effect
By Evandro Gigante, Allan Bloom and Laura M. Fant on Posted in The Proskauer Brief Podcast, Wage and Hour
DOL’s New Independent Contractor Rule: A Return to 2020
What to Do When Your Timekeeping System Crashes
By Allan Bloom on Posted in Wage and Hour
UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?
Paying Wages in Pennies or Chicken—Cool or Not Cool?
By Allan Bloom and Laura Fant on Posted in FLSA, Wage and Hour
Federal District Court Says Pre-Shift COVID Screening Time Not Compensable
By Allan Bloom on Posted in FLSA, Wage and Hour
New York State Legislature Approves Statutory Protections for Independent Contractors
By Allan Bloom, Laura Fant and Matthew Rosenthal on Posted in Independent Contractor
UPDATED: New York State Enacts Law Requiring Wage Ranges in Job Postings
By Evandro Gigante, Allan Bloom, Laura Fant and Raymond Arroyo on Posted in Uncategorized
UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date
By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law
Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law
U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk
By Tony Oncidi, Evandro Gigante, Allan Bloom and Morgan Peterson on Posted in Arbitration, Litigation and Arbitration
Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State
By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Do We Have to Pay for That? Part 2—Travel and Commute Time (in a Post-Pandemic World)
By Allan Bloom on Posted in FLSA, Wage and Hour
Can We Pay Our Employees in Cryptocurrency? A 2022 Update.
By Allan Bloom on Posted in Wage and Hour
New York Department of Labor Issues Required Posting for Expanded Whistleblower Protection Law
By Allan Bloom and Laura Fant on Posted in Whistleblower
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 Jan. 13, 2022)
By Allan Bloom on Posted in Class/Collective Action, FLSA, Wage and Hour
