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 State Employment Law Articles
Report Link Here’s A Tip: New York is Overhauling the Restaurant and Hotel Industry Wage Orders.Littler Mendelson, P.C. - March 02, 2010 The New York State Department of Labor ("NY DOL") is in the process of combining the existing Restaurant and Hotel Industry Minimum Wage Orders into a single Wage Order to be called the Hospitality Industry Wage Order. Although the NY DOL has not yet finished its regulations for the new, consolidated Wage Order, a Labor Commissioner Order dated November 5, 2009 indicates what major changes will occur for non-exempt employees in the hospitality industry.1 The changes will have broad effect in areas including: Report Link Revised New York State Notice of Pay Rate Requirements Forces Employers to Consider Whether and Why New Hires May Be Overtime-Exempt.Littler Mendelson, P.C. - February 11, 2010 In a previous Littler ASAP, employers were alerted that, effective October 26, 2009, New York Labor Law section 195.1 requires employers to obtain written acknowledgment from new hires that they have received written notice of their regular pay day, pay rate, and, if applicable, overtime rate, before commencing work. The acknowledgment must conform to requirements established by the Commissioner of Labor. However, employers have struggled to comply because the New York State Department of Labor (DoL) has repeatedly changed course. This ASAP updates employers on the latest (though perhaps not the last) of these developments. Report Link State Labor Department Permits Employers to Develop Their Own New Employee Notification Forms.Vedder Price - December 15, 2009 On December 2, the New York State Department of Labor (the “NYSDOL”) reversed
its position requiring employers to use its Form LS-52 to provide written notifi cation
to new employees of their regular and overtime rates of pay, as well as their regular
pay days. Employers may now create their own forms to refl ect the terms of
compensation for new hires, as long as the forms contain all the information required
by the law. Report Link New York State Labor Department No Longer Requiring Employers Use "Official" New Hire Wage Notice.Jackson Lewis LLP - December 09, 2009 As reported in Jackson Lewis’ November 5, 2009 article, New York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form, 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. Shortly before the effective date, the Department issued a mandatory form and explanatory notice to be used by temporary agencies. On October 28, 2009, the Department posted on its website a mandatory form for use by all other New York State employers in order to comply with the new hire wage notification requirement. 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 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 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 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 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.
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March 23, 2010 Fisher & Phillips |
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