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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?

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

Suffolk County Enacts Salary History Ban

Goldberg Segalla LLP • December 13, 2018
On November 30, 2018, Suffolk County of Long Island, New York joined other municipalities and states across the country when it unanimously enacted the Restricting Information on Salaries and Earnings (RISE) Act, prohibiting employers in Suffolk County from requesting or seeking wage histories of job applicants during the interview and hiring process.
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