Mr. Brecher regularly advises clients on compliance with various state and federal laws affecting the workplace, including discrimination and related claims arising under Title VII, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws.
He has significant experience representing employers in national collective and class actions under the Fair Labor Standards Act and state law for wage-related claims.
Mr. Brecher is also an author and contributing editor of the Family and Medical Leave Act treatise, published in 2006 by BNA Books in conjunction with the American Bar Association.
In the News
January 14, 2019
Jeffrey Brecher Discusses Implications of Predictive Scheduling Legislation and the Restaurant Industry
Jeffrey Brecher discusses predictive scheduling legislation and how its changing the way restaurants can hire and schedule their employees in Scheduling Laws Take a Bite Out of Profits, Restaurants Say, published by Bloomberg Law. Subscription may be required to view article
November 26, 2018
Nation's Restaurant News
Jeffrey Brecher Discusses the DOL's Opinion Letter Eliminating The 80/20 Rule
Jeffrey Brecher discusses the Department of Labor reversing course on '80/20' limitations for tipped employees on Working Lunch: The future of the 80/20 tip credit rule, published by Nation's Restaurant News. Subscription may be required to view article
November 9, 2018
Jeffrey Brecher and Eric Magnus Discuss the DOL Rescinding its 80/20 Tip Guidance
Jeffrey Brecher and Eric Magnus discuss the Department of Labor rescinding its prior guidance that made the tip credit unavailable to tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties in DOL withdraws contentious 80/20 tip credit guidance, published by HR Dive. Subscription may be...
December 18, 2018
The New Year’s Ball May Be Dropping, But New York Wage Rates Are Not: A Preview of Upcoming Changes
Two years ago, the New York State Department of Labor (NYSDOL) issued final regulations implementing changes resulting from increases to the minimum wage. The state minimum wage for non-exempt employees and the salary level for exempt employees will increase in 2019, with different rates applicable depending on where the employees work...
December 11, 2018
New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations
The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order - hotels and restaurants - are not covered by the current proposed regulations). The proposed regulations...
December 6, 2018
2019 Minimum Wage Rate Increases: The List Grows
While the federal minimum wage has remained stalled at $7.25 an hour since 2009, there has been significant movement at the state level, with some states enacting a minimum wage rate that is now more than double the federal level. Seattle is currently the leader for 2019, increasing its minimum wage to $16.00 per hour beginning in...
DOL Issues New Guidance Rescinding the 20% Rule: What This Means for Managing Tipped Employees
When November 14, 2018 - 3:00 PM to 3:45 PM EST
Texas Judge Issues Preliminary Injunction Blocking DOL’s Overtime Regulation-Now What?
When November 28, 2016 - 12:00 PM to 12:45 PM EST
DOL Final Ruling on “White Collar” Exemptions - Complimentary Webinar
When May 23, 2016 - 11:30 AM to 12:30 PM EST
Wage and Hour
Second Circuit Sheers Cosmetology Student’s Claims in Intern-or-Employee Case
February 11, 2019
Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s determination that the student was an intern, and not an not employee entitled to minimum wage or overtime under the FLSA..
By Jeffrey W. Brecher and Noel P. Tripp
Wage and Hour
New Overtime Rule Soon to Make Its Appearance
January 14, 2019
The DOL’s new overtime rule, intended to replace the rule announced late in the Obama administration but subsequently declared invalid by a federal court, finally has made, or soon will make its way, to the Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB), Bloomberg Law has...
By Jeffrey W. Brecher
Employment Class and Collective Actions
Department of Labor Nullifies “80/20” Tip Credit Rule
November 8, 2018
The Wage and Hour Division of the Department of Labor (“DOL”) today rescinded Obama-era enforcement guidance that had made the tip credit unavailable to tipped employees who spend more than 20% of their time performing allegedly non-tip generating duties.
By Stephanie L. Adler-Paindiris, Jeffrey W. Brecher and Eric Magnus
Professional Associations and Activities
•American Bar Association
•Nassau County Bar Association
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