This blog is dedicated to the rapidly changing areas of labor and employment law, whistleblower rights and workplace investigations.
The posts are aimed at keeping clients and others informed of litigation and regulatory developments that affect the workplace as they occur. The posts cover a wide breadth of topics, including, among others, complex discrimination issues, restrictive covenant cases, executive employment matters and whistleblower litigation, as well as traditional labor law topics.
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Disclaimer Notice: The Legal Developments Affecting the Workplace blog is an informational product provided by Sullivan & Cromwell LLP and should not be considered a substitute for legal advice.
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DOL Proposes Return to “Economic Realities” Test for Independent Contractor Classification Determinations
October 12, 2022
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U.S. Department of Labor Launches the Essential Workers, Essential Protections Initiative During the COVID-19 Pandemic
May 6, 2021
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Updated: U.S. Department of Labor Issues New COVID-19 Guidance on FLSA, FMLA, and FFCRA Leave
May 6, 2021
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New York Imposes Employer Obligations to Provide Leave Related to Quarantines During COVID-19 Pandemic
February 2, 2021
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California Expands COVID-19 Worker Protections
September 23, 2020
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Updated: California Mandates COVID-19 Supplemental Paid Sick Leave Through the End of 2020 For Employers with 500 or More Employees In the United States
September 23, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division April 3, 2020 Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part III
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part II
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part IV
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Initial Guidance and Model Employee Notice Regarding the Leave Provisions of the Families First Coronavirus Response Act: Part I
September 17, 2020
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U.S. Department of Treasury, IRS, and U.S. Department of Labor Announce Plan to Implement Paid Leave and Tax Credit Provisions of the Families First Coronavirus Response Act
April 22, 2020
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San Francisco Mandates COVID-19 Public Health Emergency Leave For Employers with 500 or More Employees
April 21, 2020
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Updated: The City of Los Angeles Mandates COVID-19 Supplemental Paid Sick Leave For Employers with 500 or More Employees Within Los Angeles or 2,000 or More Employees Within the United States
April 16, 2020
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California Supreme Court Finds Employees Do Not Lose Standing to Pursue PAGA Claims If They Settle Individual Claims for Labor Code Violations
March 13, 2020
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U.S. Department of Labor Raises New Salary Levels for “White Collar” Overtime Exemptions
October 4, 2019
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DOL Proposes New Joint-Employer Rule
U.S. Department of Labor Proposes Significant Revision to Test for Determining Joint-Employer Status Under the FLSA
April 26, 2019
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U.S. Department of Labor Proposes New Salary Levels for “White Collar” Overtime Exemptions
March 11, 2019
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Employment Law Year in Review
March 22, 2018
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U.S. Department of Labor Loosens Standards for Permissible Use of Unpaid Interns
DOL Rejects Restrictive Six-Factor Test and Announces That It Will Adopt the “Primary Beneficiary” Test Favored by the Federal Circuit Courts
January 9, 2018
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New York State Paid Family Leave Benefits Law to Take Effect on January 1, 2018
Employers Must Provide Employees up to Eight Weeks of Paid Family Leave
December 13, 2017
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New Developments in Ongoing Litigation Enjoining Obama Era White Collar Overtime Rules
U.S. Department of Labor Asks Fifth Circuit to Hold Appeal in Abeyance Pending New Rulemaking
District Court Considers Contempt Finding for Lawsuit Seeking to Enforce Enjoined Prior RegulationsNovember 9, 2017
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U.S. Department of Labor Defends Authority To Implement a Salary-Level Test for Overtime Exceptions But Signals New Rulemaking to Replace Overtime Regulations Issued During Obama Administration
July 7, 2017
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Private Plaintiff Brings Class Action Lawsuit Based on Enjoined Department of Labor Overtime Regulations in Alvarez v. Chipotle Mexican Grill Inc.
June 12, 2017
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Senate Confirms Alexander Acosta as Secretary of Labor
On April 27, 2017, the Senate confirmed R. Alexander Acosta to serve as the U.S. Secretary of Labor under President Donald Trump.
April 28, 2016
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Employment Law 2016 Year in Review
This memorandum highlights what we believe were the most significant legal developments and trends from 2016 affecting employers and the employment relationship. In 2016, the Securities and Exchange Commission (“SEC”) and the National Labor Relations Board (“NLRB”) continued their focus on workplace policies and whether those policies, in their view, inhibit whistleblower protections. The question of whether employers may require employees to agree to class action arbitration waivers also came to a head, with the Supreme Court accepting for argument in its 2017 Term three petitions on the question. We expect continued focus on these areas in 2017, as well as increased lawmaking at state and local levels in light of the Trump Administration’s stated priorities and proposed budget cuts at the federal level.
March 22, 2017
DOL Class and Collective Actions EEOC Hiring Trade Secrets Wages and Overtime Whistleblower -
New York State Regulations Increase Salary Required for Employees Exempt from Overtime
On December 28, 2016, the New York State Department of Labor issued notices of adoption of new rules, effective December 31, 2016, substantially increasing the minimum required weekly salary thresholds for qualification for the executive and administrative overtime exemptions. The rules are significant for New York employers because rules issued by the federal Department of Labor similarly increasing the salary thresholds nationwide have been enjoined by a federal court and are of uncertain prospects, in light of the incoming new Presidential administration.
January 5, 2017
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Federal Judge Issues Last-Minute Preliminary Injunction Blocking U.S. Department of Labor’s New Overtime Regulations
On November 22, in Nevada v. U.S. Department of Labor, the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction preventing the Department of Labor from enforcing its new overtime rules, which were scheduled to go into effect on December 1.
November 29, 2016
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