On October 26, 2015, New York Governor Andrew Cuomo signed a bill authorizing a three-year extension of the 2012 amendments to New York Labor Law Section 193, related to permissible deductions from employee wages. The 2012 amendments, which were set to expire on November 5, 2015, will now remain in effect until November 6, 2018 (the new expiration date).  In light of the extension, employers should continue to comply with the Commissioner of Labor regulations issued in 2013, which define the wage deduction process employers must follow, particularly with respect to the recoupment of wage advances and overpayments. 

This June, the Second Circuit moved away from the Department of Labor’s six-factor test for determining whether an intern can be exempt from FLSA minimum wage and overtime requirements and instead adopted the “primary beneficiary” test.

On October 19, 2015, the National Labor Relations Board released a new version of its “Bench Book:  An NLRB Trial Manual.”  The updated Bench Book replaces the prior 2010 edition and can be found on the Board’s website.

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).