With the trends showing a decline in retail jobs nationwide, and New York poised to promulgate additional regulations in this already-burdened area, it is unlikely that employers will be incentivized to reverse the tide. For the time being, we may need to get used to the concept that, for minimum wage employers, “help” in the form of employees, is not wanted.

Non-disparagement agreements are a tempting remedy. Clients want them. They are paying to put a matter behind them. But these agreements may be perceived as an effort to unfairly muzzle employees, so they must be written with care, and in the proper context.

All employers would be wise to engage employment counsel to review their policies and develop new ones where there are gaps in addressing foreseeable scenarios.

Only time will tell if companies that ended unpaid internships or others not currently using them will revisit this decision because of DOL's more flexible analysis, but there is little question that a bona fide internship program can offer invaluable practical experience and terrific contacts for interns.

The IRS has said it is still examining issues related to opt-out payments and their impact on affordability. It plans to finalize those proposed regulations in the future. No word yet on when the future will come.

Section 162(q) leaves several questions unanswered that will need to be resolved by the courts and the Internal Revenue Service.

It might be years before attorneys are fully aware of all of the ramifications of 'Desrosiers' and its requirement that parties send notice to putative class members whenever a putative class action is dismissed, discontinued or compromised.