In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2024 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York employers to pay “manual workers” no less frequently than weekly. The decision, in Grant
wage and hour
DOL Releases New Independent Contractor Rule
The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 11, 2024.
With only a few substantive clarifications (discussed below), the Final Rule is identical in all material respects to the…
White House Clears Independent Contractor Final Rule
On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The rule now heads back to DOL for publication in the Federal Register, and it is likely to take effect 60 days…
New York Finalizes Increases in Minimum Wage, Minimum Salaries for Exemption in 2024
On December 27, 2023, the New York State Department of Labor published a Notice of Adoption in the New York State Register, finalizing increases in the minimum wage and minimum salaries for exemption effective January 1, 2024.
The minimum wage for employees in New York City, Nassau, Suffolk, and Westchester counties increases to $16 per…
COVID Screening Time Not Compensable, Says Illinois District Court
In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law.
In the underlying collective and class action, Johnson v. Amazon.com Services, LLC, the plaintiffs—warehouse employees whose job duties included moving…
New York Enacts Statewide “Freelance Isn’t Free Act”
On November 22, 2023, New York Governor Kathy Hochul signed into law a statewide “Freelance Isn’t Free Act” to provide certain protections for freelance workers. The act mirrors protections in New York City’s law of the same name, which took effect in May 2017.
Here are the highlights of the Freelance Isn’t Free…