http://www.elinfonet.com/starticles/33 Articles discussing workplace law in New York. Sun, 22 Nov 2009 06:11:31 EST en-us http://www.elinfonet.com/newscount.php?stateID=2904 Article: 2904 Thu, 12 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In March 2009, New York State Department of Labor Commissioner M. Patricia Smith convened a Wage Board to examine the Wage Orders currently applicable to New York State restaurant and hotel employers. In late September, the Wage Board proposed significant changes to the Wage Orders and provided the Commissioner with proposed language for a Wage Order combining the current restaurant and hotel industry wage orders. (See our article, New York State Wage Board Approves Revised Hospitality Industry Wage Order.) On November 5, 2009, Commissioner Smith issued an Order accepting many of the Wage Board’s recommendations, while rejecting the Wage Board’s proposed Wage Order. http://www.elinfonet.com/newscount.php?stateID=2901 Article: 2901 Tue, 10 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) New York Labor Law Section 195 became effective on October 26, 2009. (See our September 3, 2009, "NY Employers Must Now Advise New Hires in Writing Rate of Pay" advisory.) Pursuant to Section 195, New York employers must provide new employees with written notice of: (1) pay dates; (2) regular hourly pay rates; and (3) overtime rates of pay for all employees eligible to receive overtime compensation. Section 195 requires employers to provide this information before an employee starts working, to obtain written acknowledgements from employees confirming that they received the required notification, and to keep the signed statements for six years. http://www.elinfonet.com/newscount.php?stateID=2900 Article: 2900 Fri, 06 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Effective October 26, 2009, New York employers are 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. The enactment indicated that the Department of Labor would provide guidelines to assist employer compliance. http://www.elinfonet.com/newscount.php?stateID=2874 Article: 2874 Fri, 25 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) A proposal is now pending before the New York City Council to amend the Administrative Code of New York City to require all employers – no matter how small – to provide paid sick leave to employees. If the bill passes, New York City will be the fourth city to enact legislation providing paid sick leave to employees. San Francisco and Washington, D.C. already require employers to provide paid sick leave to those employed within the respective cities. Milwaukee also passed an ordinance mandating paid sick leave, which the New York City proposed legislation closely resembles, but a Milwaukee court recently invalidated that law as unconstitutional. http://www.elinfonet.com/newscount.php?stateID=2871 Article: 2871 Wed, 23 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Department of Labor’s 2009 Restaurant and Hotel Industry Wage Board has submitted its Report and Recommendations to consolidate the individual wage orders for the restaurant and hotel industries into a single Hospitality Industry Wage Order. Commissioner of Labor M. Patricia Smith had convened the Wage Board to recommend changes in the wage and hour regulations that govern restaurant and hotel industry workers following recent modifications to wage rates, gratuities and allowances emanating from the latest increase to the New York minimum wage. http://www.elinfonet.com/newscount.php?stateID=2857 Article: 2857 Thu, 10 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Responding to claims that increased wage recovery efforts have resulted in more cases of retaliation against employees, New York has amended its Labor Law to increase protections against employee retaliation. The amendment also increases the remedies and penalties against employers for failing to comply with their statutory wage obligations. http://www.elinfonet.com/newscount.php?stateID=2851 Article: 2851 Tue, 08 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Each year approximately 400,000 cases of domestic incidents are reported to law enforcement authorities in New York State alone, according to New York's Division of Criminal Justice Services. More broadly, one in four women has experienced domestic violence in her lifetime, according to the Domestic Violence Resource Center. Not surprisingly, the impact of domestic violence often spills over into the workplace, when victims are absent from work to attend to matters relating to the crime — whether it is meeting with an attorney or domestic violence counselor, appearing in court, or seeking medical attention relating to injuries from the domestic violence. Up to 50 percent of domestic violence victims reported that domestic abuse contributed to a job loss, and nearly 50 percent say they lost their jobs or were forced to quit after they had been assaulted , according to New York-based Legal Momentum, a women's legal advocacy group. http://www.elinfonet.com/newscount.php?stateID=2844 Article: 2844 Thu, 03 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) New York recently amended its Labor Law § 195 to require employers to advise all new hires in writing of their rate of pay and regular pay day. For non-exempt, overtime-eligible employees, the notice must include the regular hourly rate as well as the overtime rate. Employers also must obtain from each new hire a written acknowledgment of the required notice. Before this amendment, the labor law required only that new hires be advised of the rate of pay and regular pay day. No written notice, written acknowledgment of that notice, or statement of the overtime rate was previously required. http://www.elinfonet.com/newscount.php?stateID=2841 Article: 2841 Mon, 31 Aug 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) New York City soon may be joining San Francisco, California, and Washington, D.C. in requiring all private-sector employers to provide employees a minimum number of paid sick days. The Earned Paid Sick Leave Bill, introduced August 20, 2009, has 35 co-sponsors in the 51-member New York City Council. (One seat is currently vacant.) http://www.elinfonet.com/newscount.php?stateID=2840 Article: 2840 Mon, 31 Aug 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers in New York State will be required to advise new employees hired on and after October 26, 2009, in writing, of the employee's rate of pay and overtime rate (if eligible for overtime), and the employer's regular pay day.