April 04, 2019 | New York Law Journal
New Salary Thresholds on the HorizonIn their Labor Relations column, David E. Schwartz and Risa M. Salins discuss the Notice of Proposed Rulemaking announced by the Department of Labor, which seeks seeks to increase the salary required to maintain a so-called “white-collar” exemption under the Fair Labor Standards Act.
By David E. Schwartz and Risa M. Salins
9 minute read
January 31, 2019 | New York Law Journal
Social Media and Departing EmployeesIn their Labor Relations column, David E. Schwartz and Risa M. Salins address circumstances in which departing employees' social media posts may violate customer or employee non-solicitation covenants.
By David E. Schwartz and Risa M. Salins
9 minute read
December 06, 2018 | New York Law Journal
Immigration in FluxLabor Relations columnists David E. Schwartz and Risa M. Salins discuss changes to immigration regulations could have significant impact in the employment context.
By David E. Schwartz and Risa M. Salins
9 minute read
October 04, 2018 | New York Law Journal
Supreme Court Review: Agency Fees and Retiree Health BenefitsIn their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent U.S. Supreme Court decisions impacting labor and employment law. The decisions address two traditional labor issues: whether unions may collect fees from non-union members who they represent, and whether explicit language is needed in a collective bargaining agreement to vest retiree medical benefits beyond the term of the contract.
By David E. Schwartz and Risa M. Salins
9 minute read
August 02, 2018 | New York Law Journal
Supreme Court Review: Class Action Waivers, Whistleblower ProtectionsDuring the 2017-2018 term, the U.S. Supreme Court issued several rulings that will have far-reaching implications for employers. This month's column reviews two of those key decisions.
By David E. Schwartz and Risa M. Salins
9 minute read
May 31, 2018 | New York Law Journal
New York Employers Face New Sexual Harassment LegislationIn the wake of the #MeToo movement, employers operating in New York will be subject to sweeping new laws aimed at curtailing sexual harassment in the workplace.
By David E. Schwartz and Risa M. Salins
8 minute read
April 06, 2018 | New York Law Journal
Reversals of NLRB Precedent Have Significant Implications for EmployersLabor Relations David E. Schwartz and Risa M. Salins discuss recent significant reversals by the NLRB, including the Board's rulings on joint employer relationships, the standard for determining whether workplace policies applicable to represented and unrepresented employees violate the National Labor Relations Act, an employer's obligation to bargain prior to implementing changes consistent with past practice, and the ability of unions to organize so-called micro-units.
By David E. Schwartz and Risa M. Salins
9 minute read
February 01, 2018 | New York Law Journal
Intern or Employee? The New Federal TestLabor Relations columnists David E. Schwartz and Risa M. Salins write: On Jan. 5, 2018, the DOL announced it would replace its six-part test for determining when an intern is entitled to minimum wages and overtime pay as an employee under the Fair Labor Standards Act. The DOL's new test allows courts to examine the economic realities of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship.
By David E. Schwartz and Risa M. Salins
9 minute read
November 30, 2017 | New York Law Journal
Applications and Interviews: What Not to AskLabor Relations columnists David E. Schwartz and Risa M. Salins examine New York City's restrictions on questioning applicants about their salary history, criminal backgrounds and credit information.
By David E. Schwartz and Risa M. Salins
9 minute read
October 05, 2017 | New York Law Journal
Attorneys as WhistleblowersIn their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent decisions addressing what happens when an attorney uses confidential information to blow the whistle on a current or former client, and examine key considerations governing attorney conduct in whistleblower cases.
By David E. Schwartz and Risa M. Salins
9 minute read