Jeffrey W. BrecherBlog Posts

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  • New York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement

    Concluding that it too broadly defined “employer” and raised a myriad of due process concerns that subjected it to risks of unconstitutionality, on December 31, 2019, Governor Andrew Cuomo Governor Cuomo vetoed a bill that would have allowed a current or former employee (or the New York State Department of Labor), alleging “wage theft” by...… Continue Reading
    January 6, 2020
  • U.S. House of Representatives Passes $15 Minimum Wage Bill

    After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to $15.00 per hour over a six-year period. The House passage of the Bill comes at a time when an...… Continue Reading
    July 18, 2019
  • DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations

    Citing the interest expressed by “law firms, unions, and advocacy organizations, among others,” the U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor Standards Act (FLSA) and to...… Continue Reading
    May 14, 2019
  • Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration Agreements

    Class action arbitration is such a departure from ordinary, bilateral arbitration of individual disputes that courts may compel class action arbitration only where the parties expressly declare their intention to be bound by such actions in their arbitration agreement, the U.S. Supreme Court has ruled in a 5-4 decision. Lamps Plus, Inc. v. Varela, No....… Continue Reading
    April 24, 2019
  • Comment Period Now Underway for New DOL Overtime Rule

    Earlier this month, the U.S. Department of Labor (DOL) issued a new proposed rule that intends to raise the annual minimum salary requirements for the FLSA’s “white collar” (executive, administrative, and professional) overtime exemptions to $35,308 ($679 per week), up from the current annual minimum of $23,660 ($455 per week).  A full discussion of this...… Continue Reading
    March 22, 2019
  • DOL Issues New Proposed Overtime Rule

    The U.S. Department of Labor (DOL) has issued a new proposed rule raising the salary level requirements for the white collar exemptions.  A full article discussing the proposed rule will be published later but here is what you need to know now: The new standard salary level will be $35,308 annually ($679 per week).  This is...… Continue Reading
    March 8, 2019
  • USDOL’s Wage & Hour Division Issues Internal Guidance Regarding Elimination of the “80/20” Tip Credit Rule

    Last November, the United States Department of Labor (USDOL) issued Opinion Letter FLSA2018-27, rescinding the so-called “80/20” Tip Credit Rule, a provision that during the last decade had spawned a cottage industry of “80/20” cases.  These cases sought to dissect the duties of a server between those that allegedly generated tips and those that did...… Continue Reading
    February 20, 2019
  • Second Circuit Sheers Cosmetology Student’s Claims in Intern-or-Employee Case

    Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s determination that the student was an intern, and not an not employee entitled to minimum wage or overtime under the FLSA...… Continue Reading
    February 11, 2019
  • New Overtime Rule Soon to Make Its Appearance

    The DOL’s new overtime rule, intended to replace the rule announced late in the Obama administration but subsequently declared invalid by a federal court, finally has made, or soon will make its way, to the Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB), Bloomberg Law has...… Continue Reading
    January 14, 2019
  • Department of Labor Nullifies “80/20” Tip Credit Rule

    The Wage and Hour Division of the Department of Labor (“DOL”) today rescinded Obama-era enforcement guidance that had made the tip credit unavailable to tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties. The so-called “80/20” Rule has spawned a number of lawsuits, many of them collective actions, claiming that servers...… Continue Reading
    November 8, 2018