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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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
Our friends at Bloomberg Law are reporting that the U.S. Department of Labor (DOL) has sent a proposed new federal overtime rule to the White House Office of Information and Regulatory Affairs (OIRA). OIRA is part of the Office of Management and Budget (OMB), which has the responsibility to coordinate interagency Executive Branch review of … Continue Reading
On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas of employment litigation. Wage and Hour. Mr. Bloom explained that, in most jurisdictions, settlements of Fair Labor Standards Act … Continue Reading
As discussed in our earlier post, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018. Employers whose exempt “administrative” and “executive” employees are currently paid less than the new salary minimums must either increase those salaries to the new levels or start paying the affected employees … Continue Reading
In this episode of The Proskauer Brief, senior counsel Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda, with lots of information relating to the Department of Labor (DOL). The DOL appears to be committed to a more business-friendly regulatory framework … Continue Reading
UPDATE: The new laws have been enacted and will take effect on March 17, 2019. The New York City Council recently passed two bills that would amend the NYC Human Rights Law to expand the requirements of employers with four or more employees to provide lactation space for breastfeeding employees. The bills have been sent … Continue Reading
The Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (the “Regulatory Agenda”) earlier this week. That’s the biannual report from the federal administrative agencies on the regulatory actions they plan to take in the near and long term. Lots of juicy information in the Regulatory Agenda, but we’ll focus on … Continue Reading
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
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
Proposed New Overtime Rule Headed to Executive Branch for Review
By Allan Bloom on Posted in Wage and Hour
Proskauer Delivers Webinar on Settling Employment Claims
Reminder: New York Minimum Salary for Exemption, Minimum Wage Increasing on December 31
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
[Podcast]: Recent Developments in Federal Overtime Rules
By Harris Mufson and Allan Bloom on Posted in The Proskauer Brief Podcast, Wage and Hour
NYC Council Passes Bills Expanding Lactation Room Requirements for Employers
By Allan Bloom and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Federal Regulatory Agenda Previews Anticipated FLSA Rule Changes
By Allan Bloom on Posted in Wage and Hour
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
