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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FLSA Overtime Exemptions - Countdown to Compliance - Webinar

HSE Labor and Employment attorneys Amy L. Hemenway and Benjamin E. Mudrick discussed the Department of Labor's May 18th final rule implementing changes to the tests to qualify for the white collar exemptions from overtime under the federal Fair Labor Standards Act.

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DOL’s Changes to the FLSA Salary Test for White Collar Exemptions Expand Overtime Eligibility

On May 18, 2016, the U.S. Department of Labor announced a final rule calling for changes to the regulations governing the three white collar (executive, administrative and professional) exemptions from overtime under the federal Fair Labor Standards Act.  The final rule, which follows a proposed rule issued in July 2015, takes effect December 1, 2016. 

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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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