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 State Employment Law Articles
Article Index » new york: 10 Most Recent Articles Report Link New York Department of Labor Revises State WARN Act Regulations.Jackson Lewis LLP - March 08, 2010 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. Report Link Substantially Revised New York WARN Act Regulations Issued, Effective Immediately.Ogletree Deakins - March 04, 2010 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). Report Link Here’s A Tip: New York is Overhauling the Restaurant and Hotel Industry Wage Orders.Littler Mendelson, P.C. - March 02, 2010 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: Report Link Revised New York State Notice of Pay Rate Requirements Forces Employers to Consider Whether and Why New Hires May Be Overtime-Exempt.Littler Mendelson, P.C. - February 11, 2010 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. Report Link Federal Court Adopts Broad Scope for Claims under New York State and City Human Rights Laws.Jackson Lewis LLP - February 09, 2010 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. Report Link Responding to the Expanding City and State Human Rights Laws.Littler Mendelson, P.C. - February 04, 2010 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. Report Link Complying with NYSDOL's New Hire Wage Notices – The Saga Continues.Jackson Lewis LLP - January 29, 2010 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. Report Link New York Court of Appeals Holds State Scaffolding Law Covers Gravity-Related Injuries.Jackson Lewis LLP - January 14, 2010 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. Report Link Change in Drug Testing Procedures for Police Not Up for Bargaining, New York Court Rules.Jackson Lewis LLP - January 13, 2010 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.” Report Link NY Labor Department Clarifies New-Hire Rules.Fisher & Phillips, LLP - January 09, 2010 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.
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