Tag Archives: employee handbooks/policies

Do We Have to Pay for That? Part 3—Employee Expenses

By Allan Bloom on July 20, 2023 Posted in Wage and Hour

In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at the compensability of time spent by employees in COVID-19 vaccination, testing, and screening … Continue Reading

Federal District Court Says Pre-Shift COVID Screening Time Not Compensable

By Allan Bloom on July 12, 2022 Posted in FLSA, Wage and Hour

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

Do We Have to Pay for That? Part 2—Travel and Commute Time (in a Post-Pandemic World)

By Allan Bloom on March 9, 2022 Posted in FLSA, Wage and Hour

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

New Federal Vaccine Rule: Wage and Hour Implications

By Allan Bloom on November 4, 2021 Posted in Biden Administration Coverage, Coronavirus, FLSA, Wage and Hour, Workplace Policies and Procedures, Workplace Safety

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

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

By Allan Bloom on November 4, 2020 Posted in FLSA, Wage and Hour

On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related travel. The rules at issue only apply to non-exempt (e.g., overtime-eligible) employees. If the time is considered “hours worked” under the FLSA, … Continue Reading

Election Season and the Workplace, Part 2: Political Leave Laws

By Allan Bloom, Alex Downie and Laura Fant on October 16, 2020 Posted in Leaves of Absences, Workplace Policies and Procedures

With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political speech and activity both in and outside the workplace. In this second installment, we’ll examine employees’ rights to take time … Continue Reading

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

By Allan Bloom, Alex Downie and Laura Fant on October 3, 2020 Posted in Workplace Policies and Procedures

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around political speech and activity both in and outside the workplace. In Part 2, we’ll address statutory leave entitlements for employees … Continue Reading

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

By Gillian Egan and Mark A. Linscott on March 15, 2019 Posted in Workplace Policies and Procedures, Workplace Safety

Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico. The meeting included more than a dozen presentations and panels on workplace safety put on by management and union lawyers, OSHRC Commissioners, the Solicitor of Labor’s office, safety professionals, administrative … Continue Reading

[Podcast]: Recent Developments in California Law

By Tony Oncidi and Harris Mufson on June 5, 2018 Posted in Discrimination, Harassment and Retaliation, Independent Contractor, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures

In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast. … Continue Reading

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

By Allan Bloom and Laura Fant on April 13, 2018 Posted in Discrimination, Harassment and Retaliation

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

[Podcast]: Recent Developments in Title VII

By Harris Mufson and Laura Fant on March 28, 2018 Posted in Discrimination, Harassment and Retaliation, Performance Management, Discipline & Termination, The Proskauer Brief Podcast, Workplace Policies and Procedures

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of … Continue Reading

NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment

By Evandro Gigante, Laura Fant and Meika Freeman on March 6, 2018 Posted in Discrimination, Harassment and Retaliation

The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading

Austin, Texas Enacts Paid Sick and Safe Leave Law

By Allan Bloom, Arielle E. Kobetz and Laura Fant on February 22, 2018 Posted in Leaves of Absences

The Austin, Texas City Council has enacted a paid sick and safe leave ordinance, becoming the first southern city to pass such a law for private sector employees. The ordinance will take effect on October 1, 2018 for employers with five or more employees; coverage for smaller employers begins on October 1, 2020. Employees who work … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

By Bassam Gergi, Evandro Gigante and Harris Mufson on January 23, 2018 Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures

The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

Telecommuting Policies When Inclement Weather Strikes

By Keisha-Ann Gray on October 11, 2017 Posted in Workplace Policies and Procedures

As my great-grandfather would always say: “Expect the unexpected so when it reaches you you’re not surprised.” Good advice generally . . . but especially today. . . given the chaos caused by recent major weather events. So, what can employers do to “expect the unexpected”? The answer is . . . Prepare. Because employees … Continue Reading

[Podcast]: The Proskauer Brief: The Challenges and Pitfalls Surrounding Requests for Multiple Medical Leaves of Absence

By Harris Mufson and Laura Fant on September 25, 2017 Posted in The Proskauer Brief Podcast

In this edition of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence. We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws. We will also discuss a recent decision from the Seventh … Continue Reading

Wage and Hour Considerations During Weather-Related Emergencies

By Allan Bloom and Arielle E. Kobetz on August 30, 2017 Posted in Wage and Hour

As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical scenarios that employers face during weather-related or other emergencies, and the consequences under the wage and hour laws. “Our office was closed … Continue Reading

Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares

By Keisha-Ann Gray on August 17, 2017 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures

Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that make start-ups so appealing – their laid back culture, open floor plans, no dress code, lack … Continue Reading

Maximum Employee Contribution Rate Announced for New York State Paid Family Leave Law

By Evandro Gigante and Laura Fant on June 1, 2017 Posted in Leaves of Absences

As we recently reported, the New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). Subsequently, on June 1, 2017, the New York State Department of Financial Services (“DFS”) issued a statement setting forth the maximum employee contribution rate for PFLL coverage … Continue Reading

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

By Evandro Gigante, Esther Pak and Laura Fant on May 31, 2017 Posted in Leaves of Absences

The New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). As we previously reported, the Board issued initial proposed rules for implementation of the PFLL in February 2017. The current revisions, which were issued on May 24, 2017 following the Board’s … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

By Evandro Gigante and Laura Fant on February 24, 2017 Posted in Leaves of Absences

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

UPDATED: EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

By Evandro Gigante and Laura Fant on January 13, 2017 Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). … Continue Reading

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

By Allan Bloom and Arielle E. Kobetz on December 20, 2016 Posted in Wage and Hour

With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. We discuss below some typical scenarios that you are likely to face during weather-related or other emergencies, and the consequences under the wage and hour laws. “Our office was closed for … Continue Reading

Illinois Passes Family Caregivers Leave Law

By Sunghee Sohn and Steven J. Pearlman on August 26, 2016 Posted in Leaves of Absences, Workplace Policies and Procedures

Effective January 1, 2017, the Illinois Employee Sick Leave Act (the “Act”) will allow employees to use employer-provided personal sick leave benefits to care for an ill or injured family member or attend a medical appointment with a family member. The Act defines an eligible family member—i.e., an individual the employee is taking leave to … Continue Reading

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