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State Employment Law Articles
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 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 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 Your Rights as an Employee. New York Attorney General's Office - (No Date) Brief summary of key provisions of New York Labor Law. Report Link LABOR LAW OBLIGATIONS TO EMPLOYEES - PAYMENT OF WAGES.New York Attorney General's Office - (No Date) Answers to commonly asked questions regarding New York wage payment law, including, Who is an Employee? What are wages?
How frequently must wages be paid? Payment of wages to terminated employees, Deductions from wages, Kickbacks from wages, Record keeping requirements, Notice Requirements, Payment of Benefits or Wage Supplements, Tip Appropriation and Penalties. Report Link LABOR LAW OBLIGATIONS TO EMPLOYEES - HOURS OF LABOR.New York Attorney General's Office - (No Date) Outlines New York Labor Law regarding hours of work, including discussion of one day rest in seven, and meal breaks. Report Link Labor Tips: Wage and Hour Rights.New York Attorney General's Office - (No Date) Brief overview of New York Wage and Hour laws, including minimum wage, overtime, rest days, deductions from wages, and tips, meals and lodging.
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Count and Sub-TopicsArticles Found: 14NO SUBTOPICSEmployment Law Seminars
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2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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