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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.

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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.�

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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.

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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.

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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.

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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).

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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.

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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.

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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....

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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.

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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.

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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.

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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.

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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.

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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.

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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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New York City Passes "Living Wage" Law.

Schulte Roth & Zabel LLP - January 31, 2003

On November 27, 2002, New York City Mayor Michael Bloomberg signed a new law increasing the minimum wage for workers employed by city contractors in certain service industries.

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