On June 30, 2017, the United States Department of Labor (“DOL”) told the Fifth Circuit Court of Appeals that it plans to revise the 2016 Final Rule (“Final Rule”) that set forth the salary level for employees to qualify for overtime exemption under the Fair Labor Standards Act (“FLSA”). In its brief, the DOL requested that the court “not address the validity of the specific salary level set by the 2016 final rule ($913 per week), which the Department intends to revisit through new rulemaking.” Under the FLSA, employees are exempt from minimum wage and overtime protections if they are… Read more

The United States Department of Labor (“DOL”) announced on June 27, 2017 that it will reinstate issuance of Opinion Letters by its Wage and Hour Division to assist employers and employees in interpreting laws such as the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). These opinion letters will replace the more general Administrator Interpretations (“Interpretations”) that have been used by the DOL since 2010. This is a welcome change for employers as Opinion Letters provide much more specific feedback regarding an employer’s employment practices. The previously used Interpretations set forth general guidance related to… Read more

On June 19, 2017, the United States Supreme Court issued a landmark decision in Matal v. Tam, 582 U.S. ____ (2017), unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment.  This decision upends over 70 years of practice under Lanham Act § 2(a) (15 U.S.C. § 1052(a)).  The case will likely have an immediate effect on other pending “derogatory” mark cases, including Blackhorse v. Pro-Football, Inc., 2015 U.S. Dist. LEXIS 90091 (E.D. Va. July 8, 2015) (the “Redskins” case) and may signal the Court’s willingness to find the analogous Lanham… Read more

New York City enacted a package of “Fair Workweek” laws (the “Laws”) designed to ensure that fast food and retail workers are given predictable schedules and paychecks. According to Mayor Bill de Blasio, workers in these industries have been subjected to unfair and inconsistent scheduling practices, leaving the employees with a lack of clarity of when they will work and how much they will earn. The Laws are intended to stop these scheduling practices and hold employers accountable for violations. The Laws will be effective on November 26, 2017. A summary of the Laws as they apply to the fast… Read more

Many people neglect to review their Wills, which often can have devastating results. We have advised clients that have found themselves in unfortunate situations and needed legal advice and counsel to deal with the consequences of an outdated will. Recounting a recent experience – When did I last review my Will? 1997. Yes, I remember it was when we sold the house and moved into Manhattan. The house sold for what then seemed like a huge sum so my husband and I decided that if anything happened to either of us there was enough money for the survivor of us… Read more

New York City has expanded the subjects that are off-limits to employers during the hiring process.  Mayor Bill DiBlasio recently signed legislation (the “Act”) that will make it unlawful during the hiring process for employers and employment agencies to inquire about or rely upon an applicant’s salary history when determining the applicant’s salary, benefits or other compensation.  The Act prohibits asking the applicant, the applicant’s current or prior employer, or searching publicly available records, for the purpose of obtaining an applicant’s salary history.  The Act is designed to reduce the gender and minority pay gap and is similar to laws… Read more

On Monday, May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act (the “Act”), a bill that allows workers to use their own sick leave to care for immediate family members. The first bill of its kind to be passed into law, the Act applies to employers with 25 or more employees who elect to provide employees with time away from work due to incapacity, illness, or injury (sick leave), for which the employee receives his or her regular salary, wages, or other remuneration. The Act does not require employers to provide sick leave. It does,… Read more

Cooperative and Condominium Directors and Managers: There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx – unanimously reversed the lower court’s decision in Reinhard v. Connaught Tower Corp. and vacated an award of substantial damages to a cooperative’s shareholder who claimed that the use of her apartment had been impeded by the infiltration of second hand cigarette smoke.  The Appellate Division did not eliminate the liability of a cooperative or a condominium for second hand smoke; however, it did indicate that… Read more

Yesterday, U.S. House Republicans passed the American Health Care Act by a narrow margin of 217-213. Fulfilling the campaign promises of President Donald Trump and GOP House members, this Act repeals and replaces many provisions of the Affordable Care Act (often called Obamacare). It now moves to the U.S. Senate, where it is expected to face a fierce battle as the Republicans have only a 2 vote majority and no likely Democratic support.   This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice. If… Read more

National Health Care Decisions Day was recognized this year the week of April 16-22. The purpose of the week was to focus on weaving Advance Directives and end-of-life care planning “into the fabric of life1.” Although the week has passed, it is critical to understand the importance of Advance Directives. What is an Advance Directive?  Often called a living will, it details a patient’s wishes for treatment when the patient is seriously ill and unable to make or communicate his or her own medical decisions.  Often, in the same or a separate document, it will name a health care agent or… Read more