Total Articles: 62
Littler Mendelson, P.C. • October 12, 2017
As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more in accordance with federal Fair Labor Standards Act regulations.
Goldberg Segalla LLP • May 16, 2017
New York State employers waiting for definitive regulations clarifying and specifying acceptable ways to pay employees will remain in the dark for a little while longer — the New York State Department of Labor (DOL) has filed an appeal in hopes of resurrecting regulations regarding debit card and direct deposit payments to employees. These regulations would have gone into effect this past March, but were blocked by the New York State Industrial Board of Appeals (IBA) in February.
Littler Mendelson, P.C. • April 17, 2017
As Littler reported in March of 2015,1 a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or her client, and certified a class of over 1,000 home care attendants who worked 24-hour shifts. The decision in that case, Andryeyeva v. New York Home Attendant Agency,2 is on appeal to the Appellate Division, Second Department. Littler filed an amicus curiae brief in support of the employer in that case. Oral argument was held on January 9, 2017, and the parties are anxiously awaiting a decision.
FordHarrison LLP • April 14, 2017
Executive Summary. Tuesday, April 11, 2017, the First Department, Appellate Division of the NYS Supreme Court held that 24-hour case home care workers must be paid for all 24 hours if they are “nonresidential,” that is, they do not exclusively reside in the patient’s home. Tokhtaman v. Human Care, LLC (2017 NY Slip Op 02759). This is the first time an appellate-level court in New York has ruled this way. The First Department covers New York (i.e., Manhattan) and Bronx counties. A case dealing with the same issue, Andryeyeva v. New York Health Care, Inc. (Index No. 14309/2011 (Queens Cty.)) is currently on appeal in the Second Department, Appellate Division. The Second Department covers the counties of Richmond, Kings, Queens, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland, and Putnam. Oral argument in that case was held in January of this year. Whatever the outcome, the NY Court of Appeals may ultimately be asked to rule on this issue.
XpertHR • February 22, 2017
The State of New York Industrial Board of Appeals has issued a decision invalidating final paycard regulations. In addition, a resolution has been introduced in the US House of Representatives challenging forthcoming federal paycard regulations.
Ogletree Deakins • February 21, 2017
On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking the regulations regarding methods of payment of wages. The IBA decided that the regulations exceeded the Commissioner of Labor’s rulemaking authority by seeking to regulate and place restrictions on financial institutions and banking services. A copy of the decision can be found on the IBA’s Board Decisions page.
Jackson Lewis P.C. • February 20, 2017
The NYSDOL issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit.
Littler Mendelson, P.C. • February 20, 2017
On February 16, 2017, the New York State Industrial Board of Appeals (“IBA”) issued an order revoking changes to New York State’s regulation governing employers that pay their employees by direct deposit or debit card. This regulation was scheduled to take effect on March 7, 2017. The IBA is an independent review agency with the primary duty of reviewing the validity and reasonableness of certain rules, regulations or orders issued by the New York Commissioner of Labor. A summary of the invalidated regulation and the IBA proceeding follows.
Jackson Lewis P.C. • February 01, 2017
In October 2015, New York amended its equal pay law making it unlawful for an employer to prohibit employees from inquiring about, discussing, or disclosing their wages or the wages of other employees. N.Y. Lab. Law § 194(4).
XpertHR • January 10, 2017
New York has launched a Minimum Wage Enforcement and Outreach Unit tasked with enforcing the state's new minimum wage law.q
FordHarrison LLP • January 03, 2017
Executive Summary: As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending on the employer’s location in the state. Additionally, on December 31, 2016, the first of several New York minimum wage increases will take effect.
Goldberg Segalla LLP • December 30, 2016
Earlier this month we notified you that a U.S. District Judge in the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) final overtime rule just days before it was scheduled to go into effect. While the outlook of the exemption levels at the federal level remain uncertain, New York State has raised the exemption levels on its own, effective December 31, 2016.
Fisher Phillips • December 22, 2016
Lost in the shuffle surrounding the United States Department of Labor’s (USDOL) proposed (but stalled) increases to the salary threshold for the “white collar exemptions” under the Fair Labor Standards Act (FLSA) was the New York State Department of Labor’s (NYSDOL) proposed increases to the salary threshold for administrative and executive employees under the New York Labor Law (NYLL).
Littler Mendelson, P.C. • November 23, 2016
New York Mayor Bill de Blasio is engaged in a flurry of pre-election actions.1 Most recently, he signed Executive Order 21, which prohibits New York City agencies from asking prospective employees about their salary history before making an offer of employment. The order will take effect on December 4, 2016. It is aimed at bridging the wage gap for women and people of color, groups who are often paid less than white males for substantially similar work. The Order prohibits inquiries about a job applicant’s prior wages, salaries, benefits, or other compensation. A prospective employer may only make inquiries about previous salaries after the employer has extended the applicant a job offer with pay information.
Jackson Lewis P.C. • November 22, 2016
A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law will become effective on May 15, 2017 (180 calendar days after signing), and will apply to contracts entered into after the effective date.
FordHarrison LLP • November 15, 2016
Executive Summary: Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing Preservation and Development (HPD), New York State Office of Attorney General (NYSOGA) and the New York City Comptroller’s Office (Comptroller) concerning prevailing wage compliance. These Notices signal the start of an aggressive enforcement effort of the prevailing wage requirement that accompanies the 421-a exemption.
Littler Mendelson, P.C. • November 09, 2016
I remember the lawyer, half a generation older than I, describing how, as a recent law school graduate she struggled even to get an interview for a job as a lawyer. When an offer came, she eagerly accepted, even though the firm's senior partner told her that, "of course" she would be paid less than the male associates, because she was married and they "had families to support."
Jackson Lewis P.C. • November 04, 2016
The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons for using statutory sick time to include reasons related to victims of domestic violence. Mayor Bill de Blasio supports both proposals.
Littler Mendelson, P.C. • November 02, 2016
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even the increases under the Fair Labor Standards Act slated to go into effect on December 1, 2016. This could have significant implications for employers in New York.
Fisher Phillips • October 31, 2016
On October 27, 2016, the New York City Council passed the Freelance Isn’t Free Act, the nation’s first wage theft protections for independent contractors. The Act creates harsh penalties for employers who delay or deny payments to freelancers and sets a strict time limit in which freelancers must be paid for their services.
Goldberg Segalla LLP • October 07, 2016
A regulation that clarifies and specifies the acceptable methods by which employers in New York State may pay wages to certain employees will take effect on March 7, 2017. The regulation, adopted by the state's Department of Labor earlier this fall and codified at section 192 of the New York Labor Law, covers the traditional methods of payment of wages by cash and check, but also sets forth the procedures employers must follow when paying wages by direct deposit or payroll debit card. According to the new regulation, all employees who work in New York State are covered, other than persons employed in a bona fide executive, administrative, or professional capacity earning over $900 per week, or employees working on a farm not connected with a factory.
XpertHR • September 29, 2016
After issuing three drafts of proposed regulations and requests for employer comments during a regulatory process that began more than one year ago, the New York State Department of Labor has issued final regulations governing the use of paycards and direct deposit to pay employees' wages.
Jackson Lewis P.C. • September 20, 2016
The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit cards.
Littler Mendelson, P.C. • September 12, 2016
On September 7, 2016, the New York State Department of Labor (“NYDOL”) adopted a final regulation setting the conditions by which employers in New York State can pay wages by direct deposit or by debit card. This regulation is effective March 7, 2017, and adopts most of the provisions that the NYDOL initially proposed on June 5, 2016. The regulation magnifies the scope of New York Labor Law section 192, which prohibits employers from directly depositing the net wages or salary of most employees in a bank or other financial institution without first obtaining the employee’s prior written consent.
Littler Mendelson, P.C. • June 23, 2016
On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all current consents for direct deposit will be invalid and every employee that accepts payment by direct deposit will have to reauthorize its use. New York employers only have until July 15, 2016, to submit proposed comments.
Ogletree Deakins • December 31, 2015
As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015, result from recommendations made by the Fast Food Wage Board, which Governor Andrew Cuomo instructed Acting State Labor Commissioner Mario J. Musolino to empanel in May of 2015. The Wage Board announced its recommendations in July, and Acting Commissioner Musolino accepted those recommendations in September of 2015.
Jackson Lewis P.C. • December 30, 2015
The New York State Department of Labor (NYSDOL) recently posted answers to Frequently Asked Questions related to the new Fast Food Wage Order and increased state minimum wage for hospitality workers, both of which take effect on December 31, 2015. As previously covered here, the state minimum wage in New York will increase to $9.00 for all hospitality-based employees not covered by the Fast Food Wage Order. The maximum tip credit available for such workers will be reduced to $1.50, from the current amount of $3.75, requiring a minimum cash wage of $7.50. Of note, the Fast Food Wage Order FAQ clarifies the NYSDOL’s view that no tip credit is available for employees covered by the Order, including delivery employees.
Jackson Lewis P.C. • November 30, 2015
Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would increase the minimum wage for “fast food employees” in covered “fast food establishments” on a phase-in schedule culminating in a minimum wage rate of $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the balance of the state.
Ogletree Deakins • November 06, 2015
On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from employee wages in circumstances otherwise deemed impermissible by the New York State Department of Labor. Under this bill, the expiration period is extended from three years after the date that the amendments went into effect, which would be November 6, 2015, to six years after the effective date of the amendments, which is November 6, 2018. As a result, section 193 will stay in effect until November 6, 2018, permitting employer to continue to make deductions from wages in a broader range of circumstances.
Littler Mendelson, P.C. • November 03, 2015
On November 6, 2015, amendments to the New York Labor Law (NYLL) that expanded permitted deductions from wages for overpayments and advances against wages, among other items, will expire.
Ogletree Deakins • October 30, 2015
On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of wage payment, including the use of payroll debit cards (also referred to as paycards).
Jackson Lewis P.C. • October 23, 2015
Following the trend set by the Pay Transparency Executive Order 13665 and Governor Jerry Brown’s signing of the California Fair Pay Act, this week New York Governor Andrew M. Cuomo (D) signed a series of bills aimed at significantly strengthening fair pay, “pay transparency” and other legal protections available in the workplace.
Brody and Associates, LLC • September 28, 2015
Recently, as reported by numerous media outlets, the NYAG sent letters to retailers in New York, including Target, Gap, Abercrombie & Fitch, Urban Outfitters Inc., and others, inquiring as to their practices with regard to scheduling employees “on-call.” This is a staffing practice where employers schedule employees to be “available” on certain days, meaning the employee calls in to see if he/she is needed on that particular day. It is often used in businesses where it is difficult to predict how much labor will be needed on a particular day due to unpredictable sales/customer volume.
FordHarrison LLP • September 22, 2015
Executive Summary. Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay workers properly under the Wage Parity Act, among other alleged violations. That alone is not newsworthy. What is newsworthy is the court's statement that "(a)rguably, 12 NYCRR 142-3.1(b) ( a NYS Department of Labor Wage Order) indicates that an employee who works a 24-hour shift is entitled to 24 hours pay …." Decisions from justices in both the Manhattan and Brooklyn Supreme Courts have now reached this same conclusion, which is very troublesome for agencies continuing to service these cases.
Jackson Lewis P.C. • August 06, 2015
In prior posts, we have summarized the New York State Department of Labor’s most recent rulemaking processes, comprised of two separate wage boards. The first, in 2014, addressed the hospitality industry as a whole, while more recently, in 2015, another highly publicized wage board addressed the subset of that industry deemed “fast food.” Employers should be aware of the cascade of new rules flowing and likely continuing to flow from these wage boards. “Wage Boards” are authorized to make recommendations to the Commissioner of Labor regarding changes in regulations, which the Commissioner can either accept or reject.
Ogletree Deakins • July 23, 2015
It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay their cheerleaders the minimum wage. As employees, cheerleaders in California will also be eligible for overtime, workers’ compensation, paid sick leave, and other benefits.
Goldberg Segalla LLP • June 11, 2015
Several states have limited or regulated employers’ use of debit cards for payment of wages in response to concerns raised by employees and advocacy groups. Most recently, the New York State Department of Labor has published proposed rules addressing the payment of wages by payroll debit cards. If an employer intends to pay an employee using a payroll debit card, the employer must comply with the following requirements:
The New York State Department of Labor (DOL) published draft regulations on May 27 aiming to better manage how employers pay employees with payroll debit cards to ensure that workers receive the full amount of wages they are entitled to. While the law in New York already permits employers to pay employees with payroll cards in addition to cash, check and direct deposit, the proposed regulations further outline employers' associated responsibilities and prohibit them from profiting from or passing along costs to employees.
Schulte Roth & Zabel LLP • May 01, 2015
On April 16, 2015, by a 47-3 margin, the New York City Council passed a bill restricting employers from requesting or using the credit history of applicants and employees when making employment decisions. New York City Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after he signs it.
Goldberg Segalla LLP • April 16, 2015
On April 10, 2015, the New York State Office of the Attorney General Eric T. Schneiderman sent letters to 13 major national retailers, requesting detailed information concerning the companies’ New York staffing and scheduling policies and practices.
FordHarrison LLP • February 27, 2015
Executive Summary: On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped workers, from $5.00 to $7.50 an hour. As discussed in our February 4, 2015 Alert, The Diminishing Tip Credit: Another Reason it is becoming Harder to Comply with Wage & Hour Laws in New York, the increase takes effect December 31, 2015.
Fisher Phillips • February 24, 2015
Following his office’s 2013 investigation into payroll cards and release of a report on the issue in 2014, New York Attorney General Eric Schneiderman recently sent legislation regarding the use of payroll cards by employers to pay employees to the State Legislature for consideration and action.
Brody and Associates, LLC • February 05, 2015
New York Governor Andrew Cuomo is pushing for additional increases.
FordHarrison LLP • February 05, 2015
Executive Summary: On January 30, 2015, the New York State Department of Labor's ("NYSDOL") Wage Board (the "Wage Board") voted to recommend a fifty percent increase in the minimum hourly rate for tipped workers, from $5.00 to $7.50 an hour.
FordHarrison LLP • January 23, 2015
Executive Summary: On December 29, 2014, Governor Andrew Cuomo signed a bill into law that amends the New York Wage Theft Prevention Act (the "Act"). While the amendments relieve New York employers from some administrative burdens, that is where the good news ends for employers.
Schulte Roth & Zabel LLP • January 23, 2015
On Dec. 29, 2014, New York State Governor Andrew Cuomo signed into law a bill that amends the New York State Wage Theft Prevention Act (the “Wage Theft Act”) in various aspects, including eliminating the annual wage notices that employers were previously required to provide to employees in January each year. Employers must still provide employees with the wage theft notice at the time of hire and when information in the notice changes. Although the amendments will not go into effect until Feb. 27, 2015, the New York State Department of Labor (“DOL”) has announced it will not be enforcing the annual notice requirement for 2015. Accordingly, employers will not be required to distribute annual wage notices to employees this year.
Goldberg Segalla LLP • January 08, 2015
New York State Governor Andrew Cuomo signed into law legislation to repeal the notice provision of the Wage Theft Prevention Act of 2010. Effective January 2, 2015, the law (Chapter 537) removes the notice requirement that, under the previous act, required employers annually to provide employees with a written notice regarding wage information.
Ogletree Deakins • October 07, 2014
On September 30, 2014, New York City Mayor Bill de Blasio signed Executive Order No. 7, “Living Wage For City Economic Development Projects,” which raises the city’s “living wage” (i.e., minimum wage) for certain employers that contract with the city or that receive government subsidies. The executive order also covers more employers than the existing New York City law.
Ogletree Deakins • December 30, 2013
The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2014. The notice must include the following...
Brody and Associates, LLC • December 10, 2013
The New York Department of Labor issued final regulations detailing how and for what purposes employers may make deductions from employee wages. New York remains one of the toughest states in the union to legally make a deduction from an employee’s paycheck, but these regulations ease the restrictions slightly.
Ogletree Deakins • December 04, 2013
On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials for the U.S. DOL, the New York State Department of Labor (N.Y. DOL), and New York State Attorney General Eric T. Schneiderman signed memoranda of understanding that will allow the three agencies to collaborate in efforts to prevent worker misclassification under federal and state laws.
Ogletree Deakins • October 10, 2013
The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November 2012, as we covered previously in August 2012 and September 2012. Now, after much delay, the corresponding regulations take effect on October 9, 2013.
Ogletree Deakins • September 03, 2013
Mayor of the City of New York v. New York City Council, No. 451369/2012 (N.Y. Sup. Ct., N.Y. Cty. Aug. 5, 2013): In a decision that pitted the Bloomberg administration against the New York City Council, a New York state court struck down the prevailing wage bill that was passed by the City Council last year. The legislation would have raised wages for janitors, security guards, and other building service workers in structures that received substantial government subsidies or where the city was a major tenant. Specifically, the law would have required a wage of $10 an hour with benefits or $11.50 an hour without benefits; the current state minimum wage is $7.25 an hour, set to rise to $8.00 after December 31, 2013. However, the court ruled that the prevailing wage law was invalid because it was preempted by the state minimum wage law.
Goldberg Segalla LLP • October 09, 2012
Governor Cuomo signed into law amendments to Article 193 of the New York Wage Deduction Law which will permit employers to take additional lawful deductions from employees’ paychecks. The law will take effect on November 8, 2012.
Ogletree Deakins • September 11, 2012
On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law § 193 by expanding the scope of permissible deductions from an employee’s wages. The new law, which will take effect on November 7, 2012, and is subject to renewal in three years, benefits both employers and employees by allowing employers to deduct from an employee’s wages for the employee’s preauthorized personal activities (such as gym memberships). The new law also permits employers to recapture overpayments of the employee’s wages as well as repayments for loans or advancements the employer made to such employee.
Fisher Phillips • January 23, 2012
Employers with operations and employees in New York State should by now be aware that the first notice to all employees regarding their pay status, required by the N.Y. Wage Theft Prevention Act (WTPA), must be given by January 31, 2012, and annually from now on. If you have not given these notices by now, you should have plans to do so before the end of the month. Fisher & Phillips described the requirements imposed by the WTPA in an Alert that was distributed in April 2011.
Schulte Roth & Zabel LLP • May 03, 2011
The New York Wage Theft Prevention Act (the â€œActâ€) became effective on April 9, 2011 (not April 12, 2011 as many practitioners previously believed). As discussed in our previous Alert, the Act increases employer obligations regarding notice and recordkeeping of wage information, and penalties for nonpayment and underpayment of wages under the New York Labor Law.
Fisher Phillips • April 12, 2011
The New York Wage Theft Prevention Act (WTPA), signed into law last December, became effective April 9. The new law imposes on New York employers a variety of more stringent pay notice requirements and increases penalties for violations of wage payment as well as notice and recordkeeping violations. All New York employers will need to ensure that their practices are in compliance.
Ogletree Deakins • April 07, 2011
On April 1, 2011, eight days before the April 9, 2011 effective date of the New York Wage Theft Prevention Act (WTPA), the New York State Department of Labor (NYDOL) issued long-awaited forms that employers may use to satisfy the enhanced notice requirements that apply to all private employers in New York.
Ogletree Deakins • January 28, 2011
On December 13, 2010, Governor David Paterson signed into law the New York Wage Theft Prevention Act, which imposes significant new notice and disclosure requirements on all New York employers. Businesses with operations in New York should begin modifying their payroll practices now to ensure that, as of the April 12, 2011 effective date, they are in compliance with the following requirements:
Schulte Roth & Zabel LLP • August 13, 2010
This Alert describes recent changes to the New York Labor Law of which employers should be aware. Topics include written notice of pay information, the new minimum wage rate, commission arrangements, and enhanced penalties under wage and hour provisions.
Schulte Roth & Zabel LLP • February 12, 2010
In our previous Alert, dated December 7, 2009, available here, we advised you that the New York State Department of Labor ("DOL") had reversed its previous position requiring that employers use the DOL's Wage Rate and Designated Payday Form (LS 54) for the purposes of providing newly hired employees with a written notice of: (i) their rate of pay; (ii) the overtime rate for non-exempt employees; and (iii) their designated payday, as required by the New York Labor Law. The DOL now has taken the position that employers have the option of using the DOL's forms, creating their own forms or incorporating the necessary information into offer letters and/or employment agreements.