Peter Frattarelli, chair of Archer’s Labor & Employment Law practice group, gives his thoughts on the Department of Labor’s final federal overtime rule in this article in the Human Resource Executive Magazine.

In January, 2017, Philadelphia became the first city in the nation to adopt a law prohibiting employers from asking job applicants about their salary/wage histories. Philadelphia’s ordinance not only prohibits employers from asking an applicant about compensation history, it also prohibits an employer from relying on such information in determining an employee’s compensation.  The stated […]

On April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act, a sweeping revision to New Jersey’s already broad Law Against Discrimination.  While few would argue against the important goal of ending wage discrimination, the new law, which becomes effective on July 1, 2018 and which applies […]

With the Summer (finally) approaching, many employers are thinking of having “unpaid” internships for high school and college students. In recent years, however, such a program raised legal concerns over whether those interns were actually employees and had to be paid for their hours worked, as the U.S. Department of Labor under the Obama Administration had […]

New York joins California in becoming one of the first states of the Nation to increase the minimum wage to $15 per hour.  For New York, this change will be gradual and its first effects have already begun as of December 31, 2016. The end result is to bring the minimum wage for non-tipped workers […]

5th Circuit Grants Expedited Hearing in Overtime Rule Litigation December 8, 2016 By: Miriam Rozen, Texas Lawyer http://www.texaslawyer.com/home/id=1202774222949/5th-Circuit-Grants-Expedited-Hearing-in-Overtime-Rule-Litigation?mcode=1202616608548&curindex=0 The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in litigation over new overtime regulations. The Labor Department is seeking a hearing in its effort to overturn a […]

In a stunning development, the United States District Court for the Eastern District of Texas granted an emergency motion for preliminary injunction that challenged the validity of the Department of Labor’s new overtime rule, just about a week before the rule was to take effect.  Significantly, the Order granting the motion enjoins the rule nationwide […]

Earlier this week, President Obama and the U.S. Department of Labor announced long-awaited revisions to overtime regulations under federal law.  The most important change will allow millions of workers to receive overtime pay because the DOL has raised the minimum salary that employees must receive before they can ever be exempt from overtime.  Under the revised regulations, […]

The U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey, and Delaware, issued a ruling in McMaster v. Eastern Armored Services, Inc. (3d Cir. Mar. 11, 2015), which not only limits the applicability of an important overtime exemption for employees of motor carriers, but which may significantly complicate employers’ use of […]