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.
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Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently $2.13) and the federal minimum wage (currently $7.25). Employers using the tip credit must be able to show that … Continue Reading
In its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, published today, the Trump Administration formally announced its intention to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 “to determine the appropriate salary level for exemption of executive, administrative and professional employees.” See our earlier post for what to expect in the proposed new rule.… Continue Reading
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $975 per week ($50,700 annually) to $1,125 per week ($58,500 annually) for New York City … Continue Reading
It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new rule—finalized in May 2016 and set to take effect on December 1 of that year—was struck down by a … Continue Reading
In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed narrowly, but fairly. In Munoz-Gonzalez v. D.C. Limousine Service, Inc., analyzing the taxicab exemption in Section 13(b)(17) of … Continue Reading
Business disruptions stemming from natural disasters – whether a hurricane, snowstorm, wildfire or other emergency – raise important questions for employers. We want to take this opportunity to share insight on the frequently asked questions that our clients face in the wake of natural disasters. The following scenarios shed light on employer rights and responsibilities … Continue Reading
Summer’s not over yet! On August 28, 2018, the U.S. Department of Labor issued four new letters in response to requests for opinions under the Fair Labor Standards Act. In this most recent slate of letters, the DOL offers guidance on compensable time, the retail sales exemption, volunteers, and the motion picture theater exemption. Compensable … Continue Reading
As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To that end, New York State has just launched a new … Continue Reading
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading
On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading
Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. The law will take effect on January 1, 2019. Under the law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee’s wage history, … Continue Reading
In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor Relations Act. The opinion resolves a split among federal circuits, and reiterates—once again—the strong federal policy favoring arbitration. While … Continue Reading
Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an employee for purposes of California’s Industrial Welfare Commission (IWC) Wage Orders. The Wage Orders set forth California’s requirements for minimum wage, … Continue Reading
In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Rights Law to nonemployees including contractors, … Continue Reading
In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general rule that breaks of 20 minutes or less are to be paid. The agency explained the exception as follows: [R]est breaks up … Continue Reading
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various … Continue Reading
The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex. As opposed to exempt employees—who generally receive a salary intended to compensate them for all working time, including time spent in business-related travel—non-exempt employees are often only paid for the particular hours that the law deems compensable. … Continue Reading
Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming resolution of potential claims. Chief among our concerns was that the resolution would not extend to state law claims, leaving … Continue Reading
In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law. In its per curiam opinion in Rana v. Islam, No. 16‐3966‐cv, the Court of Appeals … Continue Reading
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. Many of the measures mirror legislation that … Continue Reading
In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service advisors”), the Supreme Court flatly debunked the well-worn notion that FLSA exemptions are to be construed narrowly. To be fair, … Continue Reading
In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex and therefore prohibited under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case … Continue Reading
Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”). Under PAID, employers can come forward voluntarily to disclose wage and hour violations to the DOL, the DOL will supervise a settlement of any monetary claims … Continue Reading
New Federal Tip Rules Expected in October 2018
By Allan Bloom on Posted in Uncategorized
Trump’s Fall Regulatory Agenda Pegs March 2019 For Proposed New Overtime Rule
By Allan Bloom on Posted in Uncategorized, Wage and Hour
New York Minimum Salary for Exemption, Minimum Wage to Increase on December 31
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
New Federal Overtime Rule Expected in March 2019
By Allan Bloom on Posted in Wage and Hour
Second Circuit, Relying on SCOTUS Instruction, Rejects “Narrow Construction” Principle for FLSA Exemptions
By Allan Bloom on Posted in Wage and Hour
Wage and Hour Considerations During Weather-Related Emergencies
By Allan Bloom on Posted in Wage and Hour
DOL Issues Four New FLSA Opinion Letters
By Allan Bloom on Posted in Wage and Hour
New York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment
Hawaii Enacts Salary History Inquiry Law
Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers
By Mark W. Batten, Allan Bloom and Travis Hall on Posted in Class/Collective Action, Litigation and Arbitration
Connecticut Enacts Salary History Inquiry Law
By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
SCOTUS: Employers Can Compel Individual Arbitration of Wage and Hour Claims
By Allan Bloom and Mark W. Batten on Posted in Wage and Hour
Vermont Enacts Salary History Inquiry Law
California Changes Rules on Independent Contractors
By Allan Bloom on Posted in Wage and Hour
[Podcast]: Recent Developments Regarding Sexual Harassment in the Workplace
DOL Clarifies Pay Rules for FMLA-Related Breaks
By Allan Bloom on Posted in Wage and Hour
Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law
By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
DOL Clears Up Travel Time Issue For Employees With No “Normal Working Hours”
By Allan Bloom on Posted in Wage and Hour
States’ Attorneys General Throw Shade on USDOL’s “PAID” Program
By Allan Bloom on Posted in Wage and Hour
Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law
By Allan Bloom on Posted in Wage and Hour
New York State Budget Includes Workplace Anti-Sexual Harassment Measures
By Allan Bloom, Laura Fant and Bassam Gergi on Posted in Discrimination, Harassment and Retaliation
SCOTUS Soundly Rejects Notion That FLSA Exemptions Are To Be “Narrowly Construed”
By Allan Bloom on Posted in Wage and Hour
Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII
By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
DOL’s “New” PAID Self-Reporting Program of Questionable Value to Employers
By Allan Bloom and Andrew A. Smith on Posted in Wage and Hour
