Total Articles: 10
Vedder Price • December 13, 2017
Recent employment legislation in New York State and New York City affords new benefits and protections to employees and job applicants. These laws also bring new obligations for employers. Before the holiday season is in full swing, employers should take steps to ensure compliance with the two laws described below
Jackson Lewis P.C. • December 08, 2017
New York Governor Andrew Cuomo has long supported measures related to pay equity. In 2015, he signed a pay equity law that prohibited an employee from being paid a lower wage on the basis on gender. Similarly, in early 2017, Cuomo signed an executive order prohibiting state agencies from making pre-employment offer inquiries about a candidate’s prior or current salary.
Ogletree Deakins • December 07, 2017
As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees.
Ogletree Deakins • December 06, 2017
As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the minimum wage applicable to all New York employers, and the permitted tip credits and uniform maintenance pay for New York hospitality employers. Below is a summary of some of the increases that will take effect on December 31, 2017.
Ogletree Deakins • December 04, 2017
In Chauca v. Abraham, No. 113 (November 20, 2017), the New York State Court of Appeals clarified the standard for awarding punitive damages under the New York City Human Rights Law (NYCHRL). Unlike Title VII of the Civil Rights Act of 1964, which provides for punitive damages where a plaintiff proves malice or reckless indifference, the NYCHRL does not articulate such a standard. In rejecting the Title VII standard for punitive damages, the New York State Court of Appeals held that “the standard for determining punitive damages under the NYCHRL is whether the wrongdoer has engaged in discrimination with wilful [sic] or wanton negligence, or recklessness, or a ‘conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.’”
Ogletree Deakins • November 30, 2017
The Albany County Legislature recently amended the Human Rights Law for Albany County to join New York City, Philadelphia, Massachusetts, Delaware, Oregon, Puerto Rico, California, and San Francisco in banning inquiries into salary histories. On November 6, 2017, County Executive Daniel P. McCoy signed the bill into law. It will go into effect 30 days after it is filed with the office of the New York secretary of state.
FordHarrison LLP • November 29, 2017
Notice of Extension. The New York State Department of Health (DOH) has extended the deadline from November 30 to close of business on December 15, 2017 for currently operating Fiscal Intermediaries under the Consumer Directed Personal Assistance Program (CDPAP) to submit their Applications for Fiscal Intermediary Authorization.
Jackson Lewis P.C. • November 29, 2017
The New York City Department of Consumer Affairs (DCA) on November 27, 2017, announced in a press release that the Fair Workweek Law applicable to fast food and retail employers became effective on November 26. The Law is intended to reform scheduling practices for fast food and retail workers in the City. The DCA also issued the related required employee notices, overviews, Frequently-Asked-Questions, and complaint forms on the same day. The Final Rules were published on November 28.
Jackson Lewis P.C. • November 26, 2017
On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (Miscellaneous Wage Order). Specifically, the proposed rules would revise Sections 142-2.3 and 142-3.3 of the Miscellaneous Wage Order regarding call-in pay.
Goldberg Segalla LLP • November 26, 2017
Many employers in the retail and service industries frequently need to call in employees at the last minute based upon an unexpected surge of consumers visiting the business. However, it is also common practice for employers in these industries to shorten “call-in” shifts just hours before or after an employee starts — and, in many cases, to cancel them. The New York State Department of Labor has proposed new regulations that will require employers to pay employees who are called in or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay.