Carly Baratt

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Financial Services Employment Law, Hospitality Labor and Employment Law, Retail Labor and Employment Law, Trade Secrets & Employee Mobility, Wage and Hour Defense Blog

Latest Articles

Financial Services Employment Law

Considerations for Financial Services Employers as #MeToo Reaches Wall Street

By Carly Baratt & Edward M. Yennock on April 18, 2019

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As has been reported by the New York Times, NBC, and other outlets, asset-management firm TCW is defending a lawsuit filed by a former fund manager, Sara Tirschwell, charging the firm with gender discrimination and retaliation, among other allegations. Ms. Tirschwell’s lawsuit has received media attention not only because of the substantial damages that she demands (in excess of $30 million), but also—and perhaps, principally—because the suit has been characterized as Wall Street’s…

Wage and Hour Defense Blog

New DOL Opinion Letters Address State Law Residential Janitor Exemption and Participation in an Employer’s Optional Volunteer Program

By Jeffrey H. Ruzal & Carly Baratt on March 15, 2019

On March 14, 2019, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released two opinion letters concerning the Fair Labor Standards Act (“FLSA”). One letter addresses the interplay between New York State’s overtime exemption for residential janitors (colloquially referred to as apartment “supers”) and the FLSA, which does not exempt such employees, and the other addresses whether time spent participating in an employer’s optional volunteer program constitutes “hours worked” requiring compensation under the…

Wage and Hour Defense Blog

Pennsylvania District Court Concludes Ex Parte Communications between Defense Counsel and Putative Class Members Are Improper

By Carly Baratt on March 12, 2019

In putative class action lawsuits, it is not uncommon for counsel for the employer to interview putative class members about the claims in the lawsuit. A new decision from the United States District Court for the Eastern District of Pennsylvania has concluded that such communications could be improper, at least in that state. In Weller v. Dollar General Corp., No. 17-2292 (E.D. Pa.), a case in which the plaintiff brought both putative class action…

Hospitality Labor and Employment Law

Trend to Watch: State Legislatures Target Restaurants for Mandatory Sexual Harassment Training

By Jeffrey H. Ruzal & Carly Baratt on February 25, 2019

In the New Year, two states – New Jersey and Illinois – have proposed legislation requiring restaurants to adopt a sexual harassment training policy and provide anti-sexual harassment training to employees. While it remains to be seen whether these bills will become law, attempts to target and reform working conditions in the hospitality industry are nonetheless noteworthy, particularly given that unlike New York and California, neither New Jersey nor Illinois have enacted broad legislation requiring…

Wage and Hour Defense Blog

New Prime Inc. v. Oliveira: The Supreme Court Applies the Federal Arbitration Act’s Transportation Workers Exclusion to Independent Contractors

By Jeffrey H. Ruzal & Carly Baratt on January 17, 2019

On January 15, 2019, the U.S. Supreme Court issued a unanimous decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements. Petitioner New Prime Inc. (“New Prime”) is an interstate trucking company that engaged Dominic Oliveira to perform work as a driver pursuant to an “Independent Contractor Operating Agreement,” containing both an arbitration clause and a delegation clause giving the arbitrator authority to decide threshold questions of arbitrability. Oliveira…

Wage and Hour Defense Blog

New DOL Opinion Letters Address Varying Average Hourly Rate and Ministerial Exception

By Jeffrey H. Ruzal & Carly Baratt on January 2, 2019

True to its promise last year, the U.S. Department of Labor’s Wage and Hour Division (the “WHD”) continues to issue a steady stream of opinion letters designed to offer practical guidance to employers on specific wage and hour issues solicited by employers. This past week, the WHD issued two new opinion letters concerning the Fair Labor and Standards Act (“FLSA”), where one addresses an employer’s hourly pay methodology vis-à-vis the FLSA’s minimum wage requirement, and…

Wage and Hour Defense Blog

New York City Sets Minimum Wage for Independent Contractors of Ride-Hailing Companies

By Jeffrey H. Ruzal & Carly Baratt on December 6, 2018

On December 4, 2018, New York City’s Taxi and Limousine Commission (“TLC”) voted to require ride-hailing companies operating in New York City to compensate its drivers who are treated as independent contractors, and not employees, on a per-minute and –mile payment formula, which will result in a $17.22 per hour wage floor. This new rule is scheduled to take effect on December 31, 2018. This new minimum wage for independent contractor drivers who operate vehicles…

Trade Secrets & Employee Mobility

New York Attorney General Issues Non-Compete Agreements FAQ

By Carly Baratt on September 20, 2018

On September 19, 2018, the New York Attorney General (“NYAG”) released a Frequently Asked Questions document (“FAQ”) regarding non-compete agreements in New York. The FAQ posits and answers the following basic questions about non-competes: What is a non-compete agreement? Are non-competes legal? Do I have to sign a non-compete? How could a non-compete affect me? How do employers enforce non-competes? In addition, the FAQ advises employees on specific steps to take before signing a non-compete,…

Wage and Hour Defense Blog

DOL Issues Field Assistance Bulletin Providing Guidance on Classification of Home Care, Nurse, or Caregiver Registries Under the FLSA

By Jeffrey H. Ruzal & Carly Baratt on July 19, 2018

Last Friday, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-4 to help guide the DOL Wage and Hour Division field staff as to the correct classification of home care, nurse, or caregiver registries under the Fair Labor Standards Act (“FLSA”). This is the most recent piece of guidance on a topic first addressed by the DOL in a 1975 Opinion Letter. The bulletin is noteworthy in two respects. First, it confirms that…

Trade Secrets & Employee Mobility

State Attorneys General Investigating Use of Non-Competes by Fast Food Franchisors

By Carly Baratt on July 11, 2018

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On Monday, attorneys general in eleven states, including New York, New Jersey, Massachusetts, California, and Illinois, revealed that they are investigating several prominent fast food franchisors for their potential use of no-poaching or non-compete agreements restricting the ability of low wage workers to obtain a better-paying job with another franchise. To that end, these attorneys general have propounded document and information requests to these restaurants, returnable August 6, 2018. In the Illinois AG’s press release,…

Carly Baratt

Considerations for Financial Services Employers as #MeToo Reaches Wall Street

New DOL Opinion Letters Address State Law Residential Janitor Exemption and Participation in an Employer’s Optional Volunteer Program

Pennsylvania District Court Concludes Ex Parte Communications between Defense Counsel and Putative Class Members Are Improper

Trend to Watch: State Legislatures Target Restaurants for Mandatory Sexual Harassment Training

New Prime Inc. v. Oliveira: The Supreme Court Applies the Federal Arbitration Act’s Transportation Workers Exclusion to Independent Contractors

New DOL Opinion Letters Address Varying Average Hourly Rate and Ministerial Exception

New York City Sets Minimum Wage for Independent Contractors of Ride-Hailing Companies

New York Attorney General Issues Non-Compete Agreements FAQ

DOL Issues Field Assistance Bulletin Providing Guidance on Classification of Home Care, Nurse, or Caregiver Registries Under the FLSA

State Attorneys General Investigating Use of Non-Competes by Fast Food Franchisors

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