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Employers may not like NLRB General Counsel report on handbook rules

Constangy, Brooks, Smith & Prophete, LLP • March 27, 2015
As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the NationalDavid-Phippen.jpeg Labor Relations Act.

Proposed FLSA Exemption Changes Still In Limbo

Fisher & Phillips LLP • March 27, 2015
Employers await with bated breath the release of the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. Apparently, they will just have to keep waiting – for how long, the U.S. Labor Department will not say.

Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far...)

Franczek Radelet P.C • March 27, 2015
It happens every year: I read a decision from a federal judge about the federal Fair Labor Standards Act and shake my head that it actually took litigation to resolve such an obvious question. It is only March, but 2015 already is no different. A recent decision by a federal district judge in New York compelled me to bring back our periodic Captain Obvious posting.

New California Family Rights Act Regulations Become Effective July 1

Jackson Lewis P.C. • March 27, 2015
Amendments to the California Family Rights Act (“CFRA”) regulations, going into effect on July 1, 2015, are meant to clarify a number of uncertainties, align the CFRA regulations more closely with the federal Family and Medical Leave Act (“FMLA”) regulations (where the laws are consistent), and ensure employers and employees have a clear understanding of their rights and duties under the CFRA.

New York State Supreme Court Finds 24-Hour Home Care Attendants Must be Paid for Sleep and Meal Periods

Littler Mendelson, P.C. • March 26, 2015
The New York State Department of Labor ("NY DOL") has consistently enforced the New York Labor Law ("NYLL") as permitting third-party employers of 24-hour home care attendants to pay their employees for 13 hours of a 24-hour shift, provided the employee is afforded eight hours of sleep, five of which are uninterrupted, and three uninterrupted hours for meals.1 A recent decision by the New York State Supreme Court (the highest trial-level court for civil cases in the New York state court system) has rejected the NY DOL's interpretation of the NYLL and refused to find binding a New York federal court decision that relied on a 2010 NY DOL Opinion Letter addressing wage practices for home care attendants.2 Instead, in Andryeyeva v. New York Home Attendant Agency, the New York state court found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not "reside" in the home of his or her client, and certified a class action of over 1,000 home care attendants who worked 24-hour shifts.3 There are additional cases raising these same issues pending in the New York state court, including at least one other filed by the same plaintiff's firm.4 Therefore, home care agencies operating in New York are at risk of copy-cat litigation and should be diligent with their pay practices.

NY Ethics Opinion Provides Guidance for LinkedIn Users

Goldberg Segalla LLP • March 26, 2015
LinkedIn is perhaps the go to social media site for professionals seeking to promote their achievements and build their brand. LinkedIn has carved a niche within the social media landscape by integrating networking capabilities with the specific needs of professionals hoping to build relationships. Of course, the site also allows users to “endorse” a connection for certain practice areas or to write recommendations as to the user’s skill-set. It is this component of the site that has generated professional ethics issues and opinions. Moreover, the distinction between permissible networking and improper advertising is not always well defined. The NY County Lawyers Association Professional Ethics Committee recently published a formal ethics opinion that provides guidance to attorneys using sites such as LinkedIn.
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