Rachel Philion
Senior Counsel
Rachel S. Philion is a senior counsel in the Labor & Employment Law Department, co-head of the Wage and Hour Practice Group and member of the Employment Litigation & Arbitration Group. Rachel defends employers in state and federal court lawsuits and alternative dispute resolution forums against claims of discrimination, retaliation, harassment, wrongful termination and breach of contract, as well as wage-and-hour class and collective actions.
Rachel has conducted large-scale workplace investigations in connection with defending clients against pending and potential claims involving misclassification, overtime and off-the-clock work. She regularly counsels clients on workplace policies, compliance and litigation prevention strategies.
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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, 2017. On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $825 per week ($42,900 annually) to $975 per week ($50,700 annually) for New York … Continue Reading
Which federal bills will become law? Proskauer partner Allan Bloom and associate Rachel Philion run through some of the key proposed congressional legislation in the pipeline that we are keeping our eyes on, and provide insight into the potential implications for employers if they pass. We also provide an update on developments from the U.S. Department of … Continue Reading
Earlier today, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order, issued by federal district judge Judge Amos L. Mazzant, enjoined the DOL’s 2016 overtime rule on a nationwide … Continue Reading
On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review. After OMB completes its review, the RFI will be published in the Federal Register for public comment. The new overtime rule, which was to take effect … Continue Reading
Earlier today Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district court—which has already issued a preliminary injunction blocking the DOL’s new overtime rule from taking effect—to refrain from taking … Continue Reading
The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to new levels that differ based on employer size and location. Effective December 31, 2016, the new salary thresholds in … Continue Reading
The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City. … Continue Reading
On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to take effect on December 1. In granting the motion, the Court of Appeals actually issued a more expedited … Continue Reading
Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision earlier today. If the appeal is adjudicated in the ordinary course, we can expect an appeal to take several months to one year; as … Continue Reading
A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum salary for most exempt executive, administrative, and professional employees to $913 per week, among other things). The judge noted … Continue Reading
Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take effect on Thursday, December 1. That Congressional bill to delay the effective date of the new rules by six months? The President promises to veto it … Continue Reading
New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
[Podcast] The Proskauer Brief: Congressional Legislation Update
DOL Pushes Ahead With Appeal of Overtime Rule Injunction
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
DOL to Restart Conversation on New Overtime Rule
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
DOL to Appeal Texas Court’s Injunction of New Overtime Rule
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
Federal Court Blocks DOL Overtime Rule
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
50 Days Until the New Overtime Rule Takes Effect: Ready Or Not?
By Allan Bloom and Rachel Philion on Posted in Wage and Hour
