Paul Peter Nicolai
New York City's AI Hiring Law. A Preview of the Future?
New York City's AI Hiring Law. A Preview of the Future?
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Paul Peter Nicolai
Oct 291 min read
Protective Authorization Creates FCRA Liability in Employment
Protective Authorization Creates FCRA Liability in Employment
Paul Peter Nicolai
Oct 14 min read
Massachusetts Adds Pay Transparency Law
Massachusetts Adds Pay Transparency Law
Paul Peter Nicolai
Sep 31 min read
Supervisors can Be Personally Liable
Supervisors can Be Personally Liable for Firing
Paul Peter Nicolai
Aug 201 min read
Owners Can Sue As Employees
A minority owner in a limited liability company can be an employee for bringing misclassification and Wage Act claims.
Paul Peter Nicolai
Jun 251 min read
Commissions-Based Compensation Violated Overtime and Sunday Pay Laws
Commissions-Based Compensation Violated Overtime and Sunday Pay Laws
Paul Peter Nicolai
Jun 182 min read
US Department of Labor Increases Salary Thresholds for Overtime Exemptions
US Department of Labor Increases Salary Thresholds for Overtime Exemptions
Paul Peter Nicolai
May 211 min read
FLSA Claims Costs Owners $550,000
A court gas approved a class action settlement awarding $550,000 for FLSA violations. The owners will be personally liable.
Paul Peter Nicolai
Apr 92 min read
Forfeiture For Competition Survives Delaware Challenge
The enforceability of non-compete provisions continues to be in the national spotlight. In a recent Delaware Supreme Court decision...
Paul Peter Nicolai
Apr 26 min read
DOL Announces Final Rule Affecting Independent Contractor Classification Under FLSA
In January 2024, the US Department of Labor (DOL) published a final rule that changes the test for determining whether a worker is an...
Paul Peter Nicolai
Mar 191 min read
Law Imposing Criminal Liability Against Employers Requiring Arbitration Agreements Struck Down
The Ninth Circuit found a California law that prohibited employers from requiring employees to sign an arbitration agreement as a...
Paul Peter Nicolai
Mar 52 min read
Selling Stockholder’s Non-Compete Invalidated
A Delaware court of Chancery invalidated a non-compete entered into as part of a business sale. The court held that the restrictive...
Paul Peter Nicolai
Feb 271 min read
Sleeper Berth Time Compensable
A U.S. District Court judge ruled in a suit involving long-haul truck drivers that sleeper berth time exceeding eight hours per day is...
Paul Peter Nicolai
Feb 131 min read
Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...
Paul Peter Nicolai
Jan 231 min read
Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...
Paul Peter Nicolai
Jan 164 min read
NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...
Paul Peter Nicolai
Jan 91 min read
Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...
Paul Peter Nicolai
Nov 30, 20233 min read
Impact of Supreme Court Affirmative Action Ruling on Employers
The Supreme Court overturned its precedent and held that the goal of achieving a diverse student body cannot justify using race as a...
Paul Peter Nicolai
Nov 14, 20234 min read
EEOC Proposes Rules for Pregnant Workers Fairness Act
The EEOC has issued a set of proposed rules to implement the Pregnant Workers Fairness Act(PWFA), a new law that protects the rights of...
Paul Peter Nicolai
Oct 31, 20233 min read
NLRB Imposes New Limits on Employer Work-Rules
The NLRB has held that employers violate the National Labor Relations Act when they issue facially neutral work rules, like a no-camera...
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