Writings by Gary S. Young

The New York State Department of Labor (NYSDOL) recently proposed regulations that would restrict an employer’s use of payroll debit cards for the payment of wages. The proposed employment regulations would impact approximately 13,000 New York businesses that pay wages to approximately 200,000 workers via payroll debit cards. Across the country, an estimated 5.8 million […]

Mental illness in the workplace can be a difficult subject for both employers and employees, but the Germanwings tragedy makes it clear that this should be a necessary discussion. Approximately 25 percent of Americans suffer from mental illness in any given year, according to the National Alliance on Mental Illness. Yet, it is easy to […]

In the wake of the U.S. Supreme Court’s ruling in in Young v. United Parcel Service, Inc., the Equal Employment Opportunity Commission (EEOC) has published updated pregnancy discrimination guidance. The latest Enforcement Guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues issued by the agency on July 14, 2014. In March, the Supreme […]

On July 6, 2015, the Department of Labor (DOL) published its highly anticipated proposals for updated overtime rules. The updated overtime rules would significantly modify tests that determine whether executive, administrative, and professional employees (frequently referred to as “white collar workers”) will be entitled to minimum wage and overtime pay protections under the Fair Labor […]

Uber’s recent legal setback in California over employee misclassification issues highlights the dilemma faced by many employers across the country. As many other employers confront similar legal controversies in terms of employee misclassification issues, this as well as other cases suggest that new classification tests may be needed to keep up with the pace of […]

The Equal Employment Opportunity Commission (EEOC) recently proposed much-anticipated guidance for employers and insurers: employee wellness programs. The agency’s Notice of Proposed Rulemaking (NPRM) addresses how Title I of the Americans with Disabilities Act (ADA) applies to employee wellness programs. Many employers have adopted employee wellness programs as a way to lower medicals costs and […]

Once your startup is ready to hire employees, it is important to do it right. A written employment contract is recommendable to establish and structure the legal relationship when it you start to hire employees. If artfully drawn, the contract helps to ensure that everyone is “on the same page” when it comes to the […]

What if you could catch all the sports you desired with a treasure trove of free food in tow? What if you could do this while making money? Setting up as a sports arena food vendor might sound great, but there is plenty of work to be done before you start selling hot dogs to […]

After many delays and prolonged anticipation, the Department of Labor (DOL) finally released hotly contested, proposed a new fiduciary rule, which would increase the number of plan service providers falling within the definition of “fiduciary.” If the new fiduciary rule is adopted, financial advisors will be subjected to significantly higher legal standards governing their retirement […]

Employers frequently adopt an employee handbook that, despite attempts to provide aspects that distinguish the effort as being personal to that employer, follow well-worn scripts reflecting “conventional wisdom.” Such reliance on well-worn text is being undermined by the recent actions of the National Labor Relations Board’s (NLRB) Office of the General Counsel which recently published […]

Ever wonder what keeps corporate directors awake at night? NYSE Governance Services recently released its annual What Directors Think Survey, which sheds light on the challenges facing the boardroom as well as what corporate directors are doing to manage risk. The report, which was prepared in conjunction with consulting firm Spencer Stuart, surveyed nearly 500 […]

Current political events increasingly pit the powers of the Executive Branch against the powers of its co-equal branch of government – the Congress. In a 9-0 decision, the U.S. Supreme Court strengthened the Executive Branch’s authority when it held that federal agencies need not follow the “notice-and-comment” procedures of the Administrative Procedures Act (APA) when […]