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Jeffrey W. Brecher

Principal
Long Island

P 631-247-4652
F 631-247-0417
BrecherJ@jacksonlewis.com

Biography

Jeffrey W. Brecher is a Principal in the Long Island, New York, office of Jackson Lewis, and is Practice Group Leader of the firm's Wage and Hour practice. He has litigated hundreds of cases, defending management at arbitration, before state and federal administrative agencies and at trial.

Mr. Brecher regularly advises clients on compliance with various state and federal laws affecting the workplace, including discrimination and related claims arising under Title VII, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws.

He has significant experience representing employers in national collective and class actions under the Fair Labor Standards Act and state law for wage-related claims.

Mr. Brecher is also an author and contributing editor of the Family and Medical Leave Act treatise, published in 2006 by BNA Books in conjunction with the American Bar Association.

Honors and Recognitions

Professional Associations and Activities

  • American Bar Association
  • Nassau County Bar Association

See AllJeffrey W. Brecher in the News

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January 29, 2018
HR Dive

Jeffrey Brecher Comments on FLSA Compliance

January 29, 2018

Jeffrey Brecher comments on wage and hour laws including requirements for minimum wage, overtime, hours worked, child labor, and meal and break time in "7 compliance issues every HR leader should know," published by HR Dive.  Subscription may be required to view article Read More

January 22, 2018
SHRM

Jeffrey Brecher Discusses FLSA Protections for Service Personnel at Car Dealerships

January 22, 2018

Jeffrey Brecher discusses recent oral arguments in Encino Motorcars v. Navarro, a case involving whether the FLSA's overtime rules extend to "service advisers" at auto dealerships in "Supreme Court Hears Oral Argument in Service Advisors FLSA Case," published by SHRM. Subscription may be required to view article Read More

December 5, 2017
SHRM

Jeffrey Brecher Comments on Implications of DOL Proposing to Rescind FLSA Tip Pool Regulations

December 5, 2017

Jeffrey Brecher comments on implications of the DOL proposing a rule that would allow more hospitality and restaurant workers to share in gratuities under the Fair Labor Standards Act in "DOL Announces Proposed Rule to Expand FLSA Tip Sharing," published by SHRM. Subscription may be required to view article Read More

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January 16, 2018

Labor Department Adopts ‘Primary Beneficiary’ Test for Determining Employee Status of Interns, Students

January 16, 2018

The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue, abandoning the stricter Obama-era analysis. The agency announced on January 5, 2018, that it was adopting the “... Read More

December 21, 2017

New York Rings in New Year with Wage & Hour Presents: A Preview of Upcoming Changes

December 21, 2017

While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York State has forged ahead on the wage and hour front for 2018. The state has increased the minimum wage for non-... Read More

December 6, 2017

Labor Department Proposes Reversing Obama-Era ‘Tip-Pooling’ Rule

December 6, 2017

Employers would be expressly permitted to require servers and other tip-earning employees to share their tips with employees working in the kitchen and other “back of the house” employee, but only when the employer does not use the tip credit and state law would not otherwise prohibit the practice, under proposed regulations published by... Read More

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See AllBlog Posts by Jeffrey W. Brecher

Supreme Court (Re)hears Oral Argument on Application of Automobile Dealer Exemption to Service Advisors
January 22, 2018

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Read More

Governor Cuomo Contemplating Elimination of Tip Credit
December 18, 2017

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the cash wage paid and the full minimum wage.  For example, in New York City beginning...… Read More

Refinery Workers’ Pre-Shift Wait Time Not Compensable, Fifth Circuit Holds
November 27, 2017

Concluding that the unstructured time spent by the plaintiffs between arriving at the oil refinery and the beginning of their shifts was not “integral and indispensable” to their duties erecting scaffolds at the refinery, the Fifth Circuit held that this time was not compensable under the FLSA.  Bridges v. Empire Scaffold, LLC, 2017 U.S. Read More