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Labor and Employment

New Ruling Halts Federal Overtime Rule

November 23, 2016 by Lipsitz Green Scime Cambria LLP

Many employers have been keeping a close watch on news regarding a new federal overtime rule since it was announced some time ago. A Texas Federal Court’s ruling this week has put at least a temporary halt on this rule before it has even been implemented. The rule, which was supposed to go into effect on December 1, could have extended overtime pay to about 5 million workers across the country. The Texas court ruled in favor of a preliminary injunction on this rule, which prohibits the Department of Labor from enforcing it. Diane M. Perri Roberts, an attorney who represents clients in business litigation and employment matters at Lipsitz Green Scime Cambria, spoke to the Buffalo Law Journal about the decision and what it means for employers going forward.

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Joint Employment Becoming Major Business Issue

November 23, 2016 by Lipsitz Green Scime Cambria LLP

When running a business, regardless of the industry, determining how you are liable for your employees’ wages is an integral part of the operations. As an employer, you are required to know if any of your employees are working and receiving benefits somewhere else in addition to your company. Joint employment, wherein two or more employers employ the same person, can complicate the issue of liability. Two companies that are joint employers are each responsible for things such as employee compensation and hours. The standard for joint employment was changed last year in the National Labor Relations Board (NLRB)’s decision in the case of Browning v. Ferris, which expanded the range of claims for which corporations and franchisers could be liable. Labor and employment attorney Robert L. Boreanaz spoke to the Buffalo Law Journal about the changes and how they could affect businesses. The full story is available on the Buffalo Law Journal website.

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Split Supreme Court Delivers Victory for Unions

May 09, 2016 by Lipsitz Green Scime Cambria LLP

A guest column written by Robert Boreanaz, senior partner and labor and employment attorney at Lipsitz Green Scime Cambria, appears in the April 18 issue of the Buffalo Law Journal. In “Labor movement scores victory with split Supreme Court”, Mr. Boreanaz describes a tie vote in the U.S. Supreme Court and the victory it delivered for unions and collective bargaining. On March 29, the Supreme Court reached a 4-4 vote in Friedrichs v. California Teachers Association, a major labor case on union funding. This tie vote upholds the legality of fair share fees and allows unions to maintain the system they use to collect funds that support collective bargaining and obtaining benefits for workers.

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