The April 2013 issue of Take 5 was written by David W. Garland, Chair of Epstein Becker Green’s Labor and Employment Steering Committee and a Member of the Firm in the New York and Newark offices. In it, he summarizes five recent labor and employment actions that employers should consider: EEOC Releases Letter Addressing Wellness… Continue Reading
Category Archives: Wage and Hour, Individual and Collective Actions
Subscribe to Wage and Hour, Individual and Collective Actions RSS FeedFINRA DECISION PERMITS CLASS ACTION WAIVERS
By: John F. Fullerton III and Matthew J. Tronzano Mandatory class action waivers may have received an important seal of approval as the result of a recent decision arising in the financial services industry. On February 21, 2013, a Financial Industry Regulatory Authority (FINRA) disciplinary hearing panel permitted Charles Schwab & Company, Inc. to maintain… Continue Reading
EBG Provides a Wage and Hour Division Investigation Checklist for Financial Services Employers
Epstein Becker Green is pleased to announce the availability of a Wage and Hour Division Investigation Checklist, which provides financial services employers with valuable information about wage and hour investigations and audits conducted by the U.S. Department of Labor (DOL). Like EBG’s first-of-its kind Wage and Hour App, which provides detailed information about federal and… Continue Reading
New York Labor Law Significantly Expands the Scope of Permissible Wage Deductions
by Jeffrey M. Landes, William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Anna A. Cohen, and Jennifer A. Goldman New York State has finally codified its position on permissible deductions from employees’ wages. On November 6, 2012, an amendment to New York’s Labor Law (“Labor Law”) will take effect. The amendment expands the list… Continue Reading
Three “Best Practices” to Help Avoid Employee Misclassification Problems
By: John F. Fullerton III On May 16, I co-hosted a small roundtable discussion here at the firm entitled “Employee Misclassification Issues in the Financial Services Industry: Preventive Maintenance and Proactive Strategies.” The topics included proper application of the administrative exemption from federal and state overtime laws; the nettlesome employee v. independent contractor question; and… Continue Reading
Getting Ready For The Summer: Is Your Internship Program In Compliance With The Law?
By: Anna Kolontyrsky and Jeffrey Landes As summer internship season approaches, financial service employers should confirm that their internship programs comply with all relevant laws, including the requirements of the Fair Labor Standards Act (“FLSA”) and applicable state laws. Ascribing the term “intern” to a college or postgraduate student working for an employer for a… Continue Reading
Take Five: Labor and Employment Views You Can Use
The April issue of “Take 5: Views You Can Use,” written by David W. Garland, a Member of the Firm in Epstein Becker Green’s New York and Newark Offices, discusses a number of topics relevant to employment in the financial services industry. In these times of continuing downsizing at many financial services firms, we particularly recommend the… Continue Reading
New York’s Highest Court Upholds Oral Promise of Guaranteed Bonus
By: John F. Fullerton III The New York Court of Appeals recently upheld a jury verdict in favor of a brokerage firm employee who claimed that his employer breached an oral promise (and violated New York wage law) when it failed to pay him a guaranteed bonus of $175,000, to be paid at the end… Continue Reading
