Wednesday, March 13, 2019

DOL Issues Long-Awaited Proposed Overtime Rule

On March 7, 2019, the U.S. Department of Labor issued its new proposed rule on the white-collar exemptions under the federal Fair Labor Standards Act. The proposed rule (“New Rule”) sets new proposed parameters for the white-collar exemption salary requirements and would replace the final rule issued in 2016, which was blocked after a Texas court issued a permanent injunction. The New Rule would set the minimum white-collar salary at $679 per week ($35,308 annually) and is expected to become effective in January of 2020. For more information about the proposed New Rule, read our client alert found here.

Wednesday, March 6, 2019

New Discrimination Laws Take Effect in New York and Portland

The trend of location specific employment laws is continuing. A new discrimination law and guidance have taken effect, respectively, in the state of New York and New York City, and a new discrimination law will take effect next month in the city of Portland, Oregon. Employers with multijurisdictional operations should continue to monitor location specific developments that may affect their operations.

New York’s Gender Expression Non-Discrimination Act

Employers with New York operations should take heed of New York’s Gender Expression Non-Discrimination Act (GENDA), which took effect on February 24, 2019. GENDA prohibits employment discrimination on the basis of “gender identity or expression.” The law defines “gender identity or expression” as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.” The New York State Division of Human Rights had previously issued regulations stating that sex discrimination includes discrimination on the basis of gender identity and the status of being transgender. Under GENDA, gender identity or expression is now an explicitly protected characteristic in New York.