Allan Bloom

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Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.

As the leader of Proskauer’s Wage and Hour Practice Group, Allan has been a strategic partner to a number of Fortune 500 companies to help them avoid, minimize and manage exposure to wage and hour-related risk. Allan’s views on wage and hour issues have been featured in The New York TimesReutersBloomberg and Fortune, among other leading publications. His class-action defense work for clients has saved hundreds of millions of dollars in potential damages.

Allan is regularly called on to advise boards of directors and senior leadership on highly sensitive matters such as executive transitions, internal investigations and strategic workforce planning. He also has particular expertise in the financial services industry, where he has litigated and arbitrated cases, including at FINRA and its predecessors, for more than 20 years.

Latest Articles

The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that a similar paid sick leave ordinance enacted in Austin violated the Texas Minimum Wage Act and the Texas Constitution…
Effective October 30, 2019, Westchester County, NY employers will be required to provide paid leave to employees who are victims of domestic violence or human trafficking.  Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County paid sick leave law, which took effect on April 10, 2019. Covered Employees and Use of Leave Under the new law, employees working…
New Jersey will soon become the first state to require certain employers to offer employees tax-favored transportation benefits. S.B. 1567, also known as An Act Concerning Pre-Tax Transportation Fringe Benefits (the “Act”), will require New Jersey employers with 20 or more employees to offer employees the opportunity to make pre-tax elections from their gross pay to cover qualifying commuter vehicle and public transit costs. Employees will be able to use the pre-tax benefits to…
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has been sent to Governor Jay Inslee, who is expected to sign. Specifically, the bill would prohibit an employer from…
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of the service providers.  The opinion should be a welcome one not only for VMCs and businesses in the “gig economy,” but for all businesses that work with independent contractors, consultants, and freelancers. As defined by the DOL, a virtual marketplace…
Even at a gathering of employment lawyers, HR professionals, and compensation veterans, one of the easiest ways to clear the room is to begin a discussion on the regular rate of pay. Few other topics, even within the general subject of wage and hour law, evoke such a universal sense of bewilderment, if not unbridled disdain. On March 29, 2019, the U.S. Department of Labor published a notice of proposed rulemaking to update—for the first…
On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees receive five hours of uninterrupted sleep during an eight-hour sleep break and three hours for meal breaks.  Andryeyeva v. New York Health Care, Inc. (N.Y. Case Nos. 11 and 12 Mar. 26, 2019). In this closely watched…
As we previously reported, pursuant to a recent amendment to the New York City Human Rights Law, covered employers must now develop and implement a written policy regarding the provision of a lactation room, to be distributed to all new employees upon hire.  Among other requirements, the policy must include a statement that employees have the right to request a lactation room, as well as identify a process by which employees can make such…
On March 14, 2019, the U.S. Department of Labor (DOL) issued an opinion letter, FMLA 2019-1-A, addressing compliance issues under the Family and Medical leave Act (FMLA). The FMLA provides eligible employees with up to 12 workweeks of unpaid leave during a 12-month period for certain family and medical reasons or to address certain qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member…
The U.S. Department of Labor’s proposed new overtime rule was published in the Federal Register today.  As described in our earlier post, the proposed new rule would: Raise the salary minimum for exemption as an executive, administrative, or professional employee to $679 per week ($35,308 per year). Allow employers to satisfy up to 10% of the salary minimum through nondiscretionary bonuses, incentives, and/or commissions that are paid annually or more frequently, or even in…