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State Employment Law Articles
Report Link New York Labor Commissioner Approves Significant Changes to Wage and Hour Regulations.Jackson Lewis LLP - November 12, 2009 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. Report Link New York DOL Issues Forms to Use When Notifying Employees of Rates of Pay.Buchanan Ingersoll & Rooney PC - November 10, 2009 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. Report Link New York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form.Jackson Lewis LLP - November 06, 2009 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. Report Link New York State Wage Board Approves Revised Hospitality Industry Wage Order.Jackson Lewis LLP - September 23, 2009 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. Report Link By Raising Existing Penalty Levels, Extending Liability and Shifting Burdens of Proof, New York Increases the Stakes for Wage and Hour ViolatorsLittler Mendelson, P.C. - September 10, 2009 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. Report Link New York Employers Must Now Advise New Hires in Writing of Their Rate of Pay and Overtime Rate.Buchanan Ingersoll & Rooney PC - September 03, 2009 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. Report Link New York Employers Must Provide Written Notice of Pay Rate to New Hires.Ford & Harrison LLP - August 31, 2009 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. Report Link Jackson Lewis Submits Detailed Comments to New York State Restaurant and Hotel Industry Wage Board.Jackson Lewis LLP - July 29, 2009 New York State Commissioner of Labor M. Patricia Smith has convened a Wage Board to recommend further modifications to the Wage Orders for the restaurant and hotel industries. This follows the New York State Department of Labor's recent modifications to rates, gratuities and allowances (see New York Employers Subject to Modified Wage Orders Effective Immediately). As a leading firm in providing legal counsel to restaurants and hotels throughout New York State, Jackson Lewis LLP submitted a detailed letter for the Wage Board’s consideration in response to the Commissioner’s request for public comment. Jackson Lewis’ suggestions and comments are summarized below. Report Link New York Employers Subject to Modified Wage Orders Effective Immediately.Jackson Lewis LLP - July 24, 2009 Corresponding to the federal minimum wage increase set to take effect on July 24, 2009, New York State's statutory minimum wage will also increase from $7.15 to $7.25 an hour. Report Link New York Restricts Overtime for Nurses.Jackson Lewis LLP - January 06, 2009 Faced with a national shortage of qualified nurses, New York health care facilities may have an even harder time providing patient services and sufficient staff after a new law restricting overtime for nurses goes into effect July 1, 2009. Report Link New Employee Notice Requirements for New York Employers (pdf).Vedder Price - August 01, 2008 As reported in previous Vedder
Price Labor Law Bulletins, New
York amended its Labor Law
last year to require employers
to provide leave time for
employees who wish to donate
blood and to accommodate
employees who need to
express milk during the work
day. New guidelines issued by
the state Commissioner of
Labor now require affected
employers to give employees
notice of their rights under
these laws, and also limit the
amount of notice an employee
must give of an intention to
exercise his or her right to take
time off for these purposes. Report Link Commission Rights Clarified Under New York Law.Ogletree Deakins - July 03, 2008 Pachter v. Bernard Hodes Group, Inc., __ N.Y.3d __, __ N.Y.S. 2d __ (2008) — On June 10, 2008, New York’s highest court addressed the important issue of when a sales commission is “earned,” and thus not subject to deductions for expenses by an employer under the state’s wage and hour laws. The Court held that, in the absence of an agreement to the contrary, commissions are earned when a salesperson “produces a person ready and willing to enter a contract upon his [or her] employer’s terms.” Report Link New York's Highest Court Delivers a Win to Employers Paying Employees on a Commission Basis.Littler Mendelson, P.C. - June 12, 2008 The New York Court of Appeals decision in Pachter v. Bernard Hodes Group Inc., should prove beneficial to employers that pay employees on a commission basis. The court held, among other things, that an employer is permitted under New York's Labor Law to structure its commission formula so that expenses are deducted before commissions become earned wages that must be paid to the employee. Combined with the October 2007 amendments to the commissioned salesperson provisions of the New York Labor Law, the decision provides guidance on how employers may fairly and legally develop, implement and maintain commission compensation agreements. Report Link New York Highest Court Upholds Employers' Right to Set Terms of Commission Plans.Jackson Lewis LLP - June 12, 2008 In a decision that is good news to employers, the New York State Court of Appeals held that an employer’s commission plan or the parties’ course of dealing determines when a commission is earned and that prior to such “earning”, New York’s wage deduction limitations are inapplicable. Pachter v. Bernard Hodes Group, 2008 NY Slip Op. 05300 (June 10, 2008). The court also held that “executives” are covered by the New York State Labor Law. In doing so, the court distinguished a prior holding in Gottlieb v. Kenneth D. Laub & Co., 82 N.Y.2d 457 (1993), stating that Gottlieb stands only for the limited proposition that attorneys’ fees are not available for a wage claim brought solely as a common law breach of contract action. Report Link New York’s Highest Court Addresses Mandatory Service Charges.Ford & Harrison LLP - March 03, 2008 According to New York state’s highest court, under the state’s wage and hour law, an employer cannot withhold from its employees any portion of a mandatory service charge that is added to a customer’s bill unless the employer makes it clear to the customer that it is retaining some or all of the charge. Report Link New York Employers Risk Losing Service Charges in Absence of Specific Notice to Patrons.Jackson Lewis LLP - February 22, 2008 New York's highest court, the State Court of Appeals, has ruled that restaurants, catering halls, hotels and other establishments that impose a "service charge" on customers in connection with banquets and other special functions may have to consider all such monies received as gratuities that must be distributed entirely to service employees, and not retained at all by the establishment, unless they specifically communicate to patrons in advance that they intend to withhold a portion of the service charge from their wait staff and other service workers. Samiento v. World Yacht, Inc., et al., No. 17 (Feb. 14, 2008). Report Link Another New Form of Protected Activity- Mandatory Leave Time to Donate Blood.Littler Mendelson, P.C. - December 13, 2007 Beginning December 13, 2007, most New York employers will be required to provide employees with leave time so that they may donate blood. Section 202-j has been added to New York's Labor Law and will require employers to provide employees with no fewer than three hours of leave time to donate blood within any twelve-month period. Report Link Changes in New York Labor Law Impact Employers.Ford & Harrison LLP - October 11, 2007 New York employers should be aware of recent amendments to New York’s Labor Law that may require them to revise their employment policies and procedures. One significant amendment, which takes effect October 16, 2007, requires employers to put in writing the terms of employment for commissioned salespeople or risk an adverse presumption in any wage action brought against the employer. See Section 191 of the New York Labor Law. This change in the state labor law is part of an effort to address difficulties the New York Department of Labor has experienced in investigating wage payment claims for commissions in the absence of a written agreement detailing the terms of employment. Report Link Put It In Writing: New York Commissions Agreement Requirements.Jackson Lewis LLP - October 04, 2007 Beginning October 16, 2007, all employers of commissioned salespersons in New York State, regardless of industry, must prepare a "writing" containing, at minimum, the following terms of employment.... Report Link Better Put that in Writing! New York Updates Its Law on Commission Agreements and Other Wage-Related Statutes.Littler Mendelson, P.C. - October 02, 2007 Governor Spitzer recently approved legislation designed to assist the efforts of the New York State Department of Labor (NYSDOL) to enforce various provisions of the state Labor Law. The first change, which goes into effect October 16, 2007, requires employers to memorialize in writing the terms of employment for commissioned salespersons. Other changes expand coverage of certain provisions of the Labor Law, raise the administrative penalties for failing to provide meal periods and one day of rest, and decrease the number of employees whose wages may be deposited directly into their accounts without written consent. These latter changes become effective on January 14, 2008. Report Link Nursing Mothers Now Protected Under New York's Labor Law.Littler Mendelson, P.C. - September 13, 2007 Governor Spitzer has signed into law a bill that amends Labor Law section 206 to add Section 206-c, specifically requiring all employers, regardless of size, to provide their breastfeeding employees with reasonable unpaid break time or permit them to use paid break time or meal time each day to express breast milk for their nursing child, for up to three years following the child's birth. The law also requires employers to make reasonable efforts to provide a room or other location "in close proximity" to the work area where breastfeeding employees can express breast milk in privacy. Lastly, the law prohibits discrimination "in any way" against employees who choose to express breast milk in the workplace. The law took effect immediately upon the Governor's signing on August 15, 2007. Report Link Important Reminder About Increase in Minimum Wage for New York Employees.Jackson Lewis LLP - December 21, 2006 On January 1, 2007, due to the implementation of the third and final step of legislation enacted in 2004, the following increases to the state minimum wage and the minimum salary to be paid to certain exempt employees will become effective. Report Link New York Court Clarifies That Stock Options Are Not "Wages" Under State Labor Law.Jackson Lewis LLP - June 01, 2006 For years, it has been unclear to New York employers whether a current or former employee has the right to recover unvested stock options under the New York Labor Law. This is particularly troubling because if stock options are "wages" under the New York Labor Law, the employer could be required to pay a prevailing plaintiff's attorneys' fees and also could be subject to other damages and penalties. Report Link Additional Hour At Minimum Wage Not Owed Under New York's "Spread Of Hours" Requirement.Jackson Lewis LLP - April 14, 2006 Additional Hour At Minimum Wage Not Owed Under New York's "Spread Of Hours" Requirement For Employees Earning Sufficiently Above The Minimum Wage According To A Recent Federal Court Decision And Opinion Letters Issued By The New York State Department of Labor. Report Link Telecommuters Pay More Taxes (pdf).Buchanan Ingersoll & Rooney PC - January 09, 2006 The New York Supreme Court
refused to hear the appeal of a case
involving a computer specialist who
was required to pay New York State
taxes on his entire income, even
though he spent seventy-five percent
of his time in Tennessee and only
twenty-five percent in New York. Report Link New York State Increases Minimum Wage.Littler Mendelson, P.C. - December 14, 2004 On December 6, 2004, the New York State Legislature overrode a gubernatorial veto and enacted the Empire State Wage Act of 2004, which substantially increases the New York State minimum wage over a period of twenty-five months, beginning January 1, 2005. Report Link New York Legislature Boosts Minimum Wage in Rebuke to Governor.Jackson Lewis LLP - December 10, 2004 Overriding a veto by Governor George Pataki, New York's Legislature has voted to raise the State's minimum wage by two dollars, to $7.15, over a two-year period.
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Count and Sub-TopicsArticles Found: 27SUBTOPICS Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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