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Archive by tag: FordHarrisonReturn

What Cat Meme Can Teach Us About Race Discrimination

You may have seen a split-screen meme circulating on social media that appears to be a woman yelling and pointing at a cat. The meme has predictably come to be known as “Woman Yelling at Cat Meme” or “Cat Meme.”...By: FordHarrison
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FordHarrison | Jan 09,2020 |

DOL Issues Opinion Letters Providing Guidance on Nondiscretionary Lump Sum Bonuses and Per-Project Payments

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on January 7, 2020, addressing questions regarding overtime calculation for nondiscretionary lump sum bonuses and per-project payments under the salary...By: FordHarrison
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FordHarrison | Jan 09,2020 |

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely Increasing Litigation of Wage/Hour Claims Against New Jersey Employers in State Courts

On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc. (Dec. 24, 2019)....By: FordHarrison
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FordHarrison | Jan 09,2020 |

Will Your Fiscal Intermediary Be Chosen to Participate in New York's CDPAP?

The New York State Department of Health (DOH) recently issued a Request for Offers (RFO) from eligible entities who want to continue or first commence participating as Fiscal Intermediaries (FIs) under the New York Consumer Directed Personal...By: FordHarrison
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FordHarrison | Jan 08,2020 |

A (Temporary) Reprieve for Mandatory Workplace Arbitration

On December 30, 2019, a federal judge in the Eastern District of California entered an order temporarily halting the enforcement of AB 51, California’s new anti-mandatory arbitration law. AB 51, which was set to go into effect on January 1, 2020,...By: FordHarrison
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FordHarrison | Jan 02,2020 |

One Small Win for McDonald's, and One Giant Victory for Small Business Owners

On Thursday, December 12, 2019, the National Labor Relations Board (NLRB or the Board) ordered an administrative law judge to approve a settlement previously reached between McDonald’s, its franchisees, and workers. Although the settlement terms were...By: FordHarrison
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FordHarrison | Dec 30,2019 |

New York Mandates That Fiscal Intermediaries Be Joint Employers to Continue in Consumer Directed Personal Assistance Program

On December 18, 2019 New York State’s Department of Health (DOH) issued a Request for Offers (RFO) from those who wish to continue or first become Fiscal Intermediaries (FIs) under the State’s Consumer Directed Personal Assistance Program (CDPAP)....By: FordHarrison
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FordHarrison | Dec 24,2019 |

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil Procedure 68’s offer of...By: FordHarrison
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FordHarrison | Dec 20,2019 |

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any worker, whether an...By: FordHarrison
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FordHarrison | Dec 19,2019 |

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was focused on television...By: FordHarrison
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FordHarrison | Dec 18,2019 |
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