http://www.elinfonet.com/starticles/33 Articles discussing workplace law in New York. Thu, 18 Mar 2010 06:03:41 EST en-us http://www.elinfonet.com/newscount.php?stateID=2998 Article: 2998 Mon, 08 Mar 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The New York State Department of Labor has issued revised emergency regulations under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN). NYS WARN became law in August 2008 and took effect on February 1, 2009. The revised regulations replace the January 2009 WARN regulations and are effective immediately. http://www.elinfonet.com/newscount.php?stateID=2992 Article: 2992 Thu, 04 Mar 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On February 12, 2010, the New York Department of Labor (NY DOL) issued substantially revised Emergency Regulations under the state Worker Adjustment and Retraining Notification Act (NY WARN) (12 NYCRR Part 921). http://www.elinfonet.com/newscount.php?stateID=2991 Article: 2991 Tue, 02 Mar 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The New York State Department of Labor ("NY DOL") is in the process of combining the existing Restaurant and Hotel Industry Minimum Wage Orders into a single Wage Order to be called the Hospitality Industry Wage Order. Although the NY DOL has not yet finished its regulations for the new, consolidated Wage Order, a Labor Commissioner Order dated November 5, 2009 indicates what major changes will occur for non-exempt employees in the hospitality industry.1 The changes will have broad effect in areas including: http://www.elinfonet.com/newscount.php?stateID=2971 Article: 2971 Thu, 11 Feb 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In a previous Littler ASAP, employers were alerted that, effective October 26, 2009, New York Labor Law section 195.1 requires employers to obtain written acknowledgment from new hires that they have received written notice of their regular pay day, pay rate, and, if applicable, overtime rate, before commencing work. The acknowledgment must conform to requirements established by the Commissioner of Labor. However, employers have struggled to comply because the New York State Department of Labor (DoL) has repeatedly changed course. This ASAP updates employers on the latest (though perhaps not the last) of these developments. http://www.elinfonet.com/newscount.php?stateID=2967 Article: 2967 Tue, 09 Feb 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The New York State and New York City Human Rights laws provide for significant remedies for prevailing plaintiffs. Unlimited compensatory damages are available under State law and unlimited compensatory damages, unlimited punitive damages and attorneys’ fees are available under City law. Further, the New York City Council has legislated that the City law is to be interpreted expansively in order to provide greater protections for employees than exist under federal or state law. http://www.elinfonet.com/newscount.php?stateID=2964 Article: 2964 Fri, 05 Feb 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) This article, co-authored by A. Michael Weber and Bruce R. Millman of Littler's New York office, provides details on three decisions affecting the New York state and city human rights laws. In addition, the authors suggest steps that employers can take to ensure compliance with the new requirements. http://www.elinfonet.com/newscount.php?stateID=2960 Article: 2960 Fri, 29 Jan 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Since October 26, 2009, New York employers have been required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. Shortly after the law’s effective date, the New York State Department of Labor issued a model form applicable to hourly employees and mandated that such form be used by all employers. http://www.elinfonet.com/newscount.php?stateID=2954 Article: 2954 Thu, 14 Jan 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In response to certified questions from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals, the state’s highest court, has held that Section 240 of the New York Labor Code (the “Scaffolding Law”) applied where a worker’s injuries were caused directly from “the application of the force of gravity to the object.” Runner v. New York Stock Exchange, Inc., No. 197 (N.Y. Dec. 17, 2009). The Scaffold Law was thought to apply strict liability for worker injuries resulting from situations where a worker fell from some height or a falling object struck a worker. This case represents the Court’s expansion of coverage under the Scaffolding Law. http://www.elinfonet.com/newscount.php?stateID=2952 Article: 2952 Wed, 13 Jan 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The New York Court of Appeals, the state’s highest court, has held that New York City was not required to bargain collectively, under New York’s Taylor Law, over the City Police Commissioner’s decision to phase out use of urinalysis and, instead, use radioimmunoassay hair testing (“RIAH”) for all drug screening of uniformed members. City of New York v. Patrolmen’s Benevolent Ass’n, No. 205 (N.Y. Dec. 17, 2009). The Court determined that the Police Commissioner’s disciplinary authority over the New York City Police Department vested him with discretion to choose the methodology to be used for drug testing and the circumstances prompting testing, called “testing triggers.” http://www.elinfonet.com/newscount.php?stateID=2949 Article: 2949 Fri, 08 Jan 2010 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) New York's state law requires employers to notify newly-hired individuals – before they start work – of their pay rates, pay dates, and overtime rates (assuming eligibility for overtime) in writing, and to obtain written acknowledgment from these new employees that such information has been provided. But up until now, the law provided no guidance on how such notices were to be delivered or the acknowledgments were to be obtained. No forms, no rules.