HSE attorney Ben Mudrick appeared on the Greater Rochester Enterprise’s October 3rd ‘Eyes on the Future’ radio show, along with Laurie Enright, Placement Director at AP Professionals.
Overturning more than 30 years of precedent, the NLRB recently set forth a new standard for a finding of “joint employment,” which could dramatically affect any business using contract/temporary labor or in a franchisor/franchisee relationship. See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015).
One of the most common questions we get as employment attorneys is: “Is an employee in [insert job title] exempt or do I have to pay overtime?” Alternatively, sometimes we get asked, “If I pay an employee a salary, doesn’t that make that employee exempt?”
As you have may have experienced firsthand, our initial (and understandably frustrating) answer is often: “It depends.”
On June 25, 2015, the Equal Employment Opportunity Commission (EEOC) issued amended Enforcement Guidance on Pregnancy Discrimination and Related Issue (Enforcement Guidance). The Enforcement Guidance is partly in response to the March 2015 U.S. Supreme Court decision in Young v. United Parcel Service, Inc., and supersedes the previous pregnancy discrimination guidance issued back in July of 2014.
Although federal and New York State Law already prohibit gender-based pay discrimination, the New York State Assembly and Senate have passed a new bill (A06075, S00001) intended to “ensure that women receive the wages they were always entitled to.” Governor Cuomo has indicated that he will sign the bill.