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HTMLNew York State Passes Worker Misclassification Law for Commercial Transportation Industry
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 31, 2014
On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...

 

HTMLNew York Partners with the U.S. Department of Labor to Combat Worker Misclassification
Sonu Ray, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 5, 2013, previously published on December 3, 2013
On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials for the U.S. DOL, the New York State Department of Labor (N.Y. DOL), and...

 

HTML“There’s a DOL Investigator at My Place of Business ... What Do I Do?” Five Tips on How to Deal When the DOL Comes Knocking
Oxana Matveeva, P. Kramer Rice, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 14, 2013
Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the “DOL”) amplify their efforts to enforce wage and hour laws, such as the Fair Labor Standards Act, the Davis-Bacon and Related Acts, the...

 

HTMLPost-Sandy Reconstruction: What Contractors Need to Know When Bidding for and Performing Work
Dino A. Bovell, Sonu Ray, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 26, 2013, previously published on August 23, 2013
As businesses in New York and New Jersey gear up for Superstorm Sandy reconstruction work, they should be keenly aware of the federal wage mandates known as the Davis-Bacon and Related Acts and state wage mandates known as “Little Davis Bacon” statutes. In particular, these businesses...

 

HTMLSecond Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 23, 2013, previously published on August 19, 2013
A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...