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Class Action Trends Report Fall 2018

Jackson Lewis P.C. • December 13, 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

Colleges and Universities Must Continue to Recognize Student Unions (For Now)

Hirsch Roberts Weinstein LLP • December 13, 2018
On December 4, 2018, the National Labor Relations Board (the “Board”) held that the University of Chicago violated the National Labor Relations Act (the “Act”) by refusing to recognize and bargain with student library workers. In doing so, the Board side-stepped the question of the continuing applicability of its 2016 Columbia University decision, which recognized student assistants at private universities as employees with collective bargaining rights. That decision prompted a wave of student organizing, with resulting clashes between student unions and college and university administrations.

Can Exempt Employees Earn Overtime Pay? [Wage & Hour FAQ]

Franczek Radelet P.C • December 13, 2018
Q. Our company’s busy season is coming up, meaning we will be asking employees to work longer hours. Our non-exempt employees will all receive overtime pay when they work more than 40 hours in a week. Some of them will actually end up earning more per week than some exempt employees. We would like to address this by offering extra pay to our exempt employees who work extended hours during the busy season. Can we do this without converting our exempt employees to non-exempt?

Whistling Past the Graveyard – The Perils of Rounding Policies

Carothers DiSante & Freudenberger LLP • December 16, 2018
For decades, American employers have used the legally endorsed policy of rounding employees’ time to the nearest quarter hour. This has always been permissible, provided the policy was neutral in effect, meaning that on balance employees were not underpaid as a result. Back in the days not so long ago when payroll was calculated by scribes in green visors and sharp pencils, rounding made perfect sense, as trying to pay to the minute when someone on a 9:00 am – 5:00 pm shift clocks in a 8:57 am (so as not to violate the punctuality policy) and doesn’t leave their work station until 5:00 (again to not violate policy) and clocks out at 5:05, would have been far more cumbersome. So rounding to the nearest quarter hour was permitted, provided “it all comes out even in the wash” so as not to deprive employees, on balance, of time worked.

Ban the Box Legislation Continues to Gain Steam (Westchester County)

Goldberg Segalla LLP • December 13, 2018
The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Updated Proposed New York Call-In Pay Regulations Released

Goldberg Segalla LLP • December 13, 2018
Just over a year has passed since the New York Department of Labor (DOL) released proposed regulations that would require employers to pay employees who are called in to work without appropriate notice or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay
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Littler Named to BTI Client Service A-Team 2019
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