Federal Salary Changes Delayed; NY Proposed Increases Still in Play

On November 22, 2016, the U.S. District Court for the Eastern District of Texas granted an emergency request by 21 States for a nationwide preliminary injunction enjoining the United States Department of Labor (Department) from implementing a Final Rule that increased the minimum salary threshold required for status as an exempt executive, administrative or professional employee (EAP employee).

While this development may provide a reprieve for many employers nationwide, its impact on employers in New York is tempered by the New York State Department of Labor’s proposed increase in the minimum salary threshold for exempt executive and administrative employees in New York, effective December 31, 2016. 

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Employee Benefits & Executive Compensation Year-End Newsletter

With the end of the calendar year drawing near, this is a good time for employers to conduct a year-end review to make sure their benefit plans are up-to-date and operating in compliance with the law.  In addition, the end of the year brings a number of important deadlines, with others to follow early in 2017. 

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The Second Circuit Certifies Questions Regarding the Scope of Criminal Conviction History Discrimination Liability

The Second Circuit recently certified three questions regarding who may be held liable under New York State Human Rights Law Section 296(15) which prohibits discrimination on the basis of a criminal conviction record. 

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Risky Business: Considering an Applicant or Employee’s Criminal Conviction Information

Employers face the dual struggle of protecting the safety of their workforce and their products while simultaneously complying with laws addressing background check information. On one hand, it can be a risk to hire a candidate with a concerning criminal background. On the other hand, missing a technical step in the various laws could lead to devastating and expensive liability.  

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HSE’s Amy Hemenway to speak at event on how to prepare for the DOL’s new overtime rules.

On September 29, 2016 Amy L. Hemenway, Partner in the Labor and Employment Practice Group at Harter Secrest & Emery, will participate in a breakfast forum titled Overtime Understood at Milos Restaurant in Williamsville. She and Joseph Wutz, a Manager with The Bonadio Group, will discuss the implications of the Department of Labor’s new overtime rules for non-profit businesses.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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