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ILN Today Post

Overtime Exemptions, Predictive Scheduling, Sex Harassment, and More: Major Developments on Some Key Issues Affecting Retail Employers

Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially game-changing decision in which it rejected the principle that courts should narrowly construe exemptions under the Fair Labor Standards Act (“FLSA”). On the heels of new “predictive scheduling” laws in New York City, the New York State Department of Labor issued its own proposed—and, in some ways, more exacting—rules on the matter. The New York State Legislature has been busy as well, enacting sexual harassment laws that impose significant new burdens on employers, including an annual training requirement. In addition, with the threat of workplace violence an ever-present concern, we provide some concrete guidance on how to manage and minimize the risks to your business. Finally, as summer approaches, we assess the impact of the U.S. Department of Labor’s new “primary beneficiary” test on internship programs.

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