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Total Articles: 15

Governor Cuomo Creates Unit To Enforce Increasing New York Minimum Wage

To ring in the New Year, Governor Andrew Cuomo announced the creation of a 200-member multi-agency Minimum Wage Enforcement and Outreach Unit on January 2, 2017. The Unit’s goal is to ensure that all minimum wage workers in the state of New York are paid the proper rate. Here’s what in employers in New York need to know about this development.

New York State Has Adopted Amendments to Existing Minimum Wage Orders

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from overtime will come into force.1 This article summarizes the changes, which will take effect on December 31, 2016.

New York Issues Final Minimum Wage Regulations and Related FAQs

The New York State Department of Labor has adopted regulations implementing increases to the state minimum wage, identified required salary levels for exclusions from overtime pay for executive and administrative employees, and issued Frequently Asked Questions for employers.

New York State Department of Labor to Update Existing Minimum Wage Orders

As New York employers prepare for the December 1, 2016, implementation of the revised Fair Labor Standards Act (FLSA) overtime regulations, they should be aware of proposed regulations by the New York State Department of Labor (NYSDOL) relating to the New York State Labor Law. On October 19, 2016, the NYSDOL submitted a proposal to amend various provisions of the existing minimum wage orders. Notably, under the proposal, the salary levels for some executive and administrative exempt employees would likely exceed the FLSA levels starting in 2018. In addition, the proposed amendments would significantly alter the permitted tip credits for New York hospitality employers (i.e., restaurants and hotels).

New York Adopts New Minimum Wage and Family Leave Legislation

On April 4, 2016, New York Governor Andrew Cuomo signed into law a bill that will gradually increase the minimum wage across New York State to $15 per hour. The bill also provides employees with up to 12 weeks of paid family leave for the purpose of caring for certain family members.

Minimum Wage Increases in New York: What Employers Should Know

On April 4, 2016, New York Governor Andrew Cuomo executed sweeping legislation as part of the 2016-17 state budget, implementing a complicated and staggered set of minimum wage increases, and creating a system of paid family leave benefits.1 This Insight describes the schedule and details of the minimum wage increases to be implemented commencing December 31, 2016, and continuing each year until 2021.

New York Budget Deal Will Bring $15 Minimum Wage and Broad Paid Leave Legislation

On April 4, 2016, New York Governor Andrew Cuomo signed legislation to phase in an increased minimum wage and guarantee paid family leave to all eligible employees throughout New York State. The legislation was part of the 2016-2017 Executive Budget and represents a significant shift in New York’s employment laws. The increased minimum wage will begin rising as of December 31, 2016, and the paid family leave law will become effective on January 1, 2018.

New York "Supersizes" the Minimum Wage for Certain Fast Food Employees

On September 10, 2015, the New York Department of Labor issued an order increasing the minimum wage for fast food employees at certain fast food chain restaurants in New York State to $15 per hour.1 This increase fixes the fast food minimum wage at more than double the federal minimum wage of $7.25, and 60% beyond the New York State minimum wage, which is currently $8.75 per hour and scheduled to increase to $9 per hour on December 31, 2015. This new fast food minimum wage will be phased in over several years, reaching $15 for New York City restaurants by December 31, 2018 and for restaurants in the entire state by July 1, 2021.3

Minimum Wage to Rise to $15.00 for Fast Food Employees in New York

Many states and cities around the nation have enacted minimum wages whose coverage varies depending on the size of the employer, or depending on whether the employer offers health care benefits.

NY Commissioner of Labor Adopts Fast Food Wage Board Report

Today, Acting Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s July recommendations, in an Order available here. The Order takes effect within thirty days of its publication in ten New York newspapers. Employers covered – or arguably covered – by the definition of “Fast Food Establishment” contained in the Wage Board’s recommendations must prepare for the “phased in” increases to the minimum wage called for by the Order.

New York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers

As we previously reported, New York Governor Andrew M. Cuomo recently appointed a Wage Board to make recommendations on increasing the minimum wage for New York State fast food employees. Throughout the recent public meeting process, fast food employers have roundly criticized any proposed minimum wage increase focused solely on one industry as unfair. Nonetheless, on July 22, 2015, the New York State Department of Labor’s Fast Food Wage Board announced their widely-expected recommendation to increase the minimum wage in the fast food industry up to $15.00 per hour. At a press conference, the Wage Board’s three members justified their recommendation by finding that the wages of fast food workers were insufficient to provide for the maintenance, health, and lifestyle of such workers.

New York’s Fast Food Wage Board Confirms: $15/Hour

In a televised meeting this afternoon, New York’s recently-convened Fast Food Wage Board confirmed industry employers’ fears and announced its unanimous recommendation that the wage for “fast food employees” in “fast food establishments” be increased to $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the rest of New York State. Prior to issuing their recommendations, the Wage Board elicited testimony from James Brown of the NY Department of Labor’s Division of Statistics regarding the cost of living in New York and the insufficiency of average wages in the industry.

Governor Cuomo Seeks to Increase New York Minimum Wage for Fast Food Workers

On May 7, 2015, Governor Andrew M. Cuomo announced the empanelling of a New York State Wage Board directed to investigate and make recommendations on increasing the minimum wage in the fast food industry. Both Governor Cuomo and Acting New York Commissioner of Labor Mario J. Musolino have stated that the wages of fast food workers are insufficient to provide for the life and health of those workers. In New York, when an appointed wage board finds that the wages of a particular industry or classification are inadequate, the board may suggest changes to the minimum wage law of that industry or classification. Notably, any wage board recommendation does not require legislative approval to be enacted.

New York State Raises Minimum Wage

New York State has raised the hourly minimum wage of most employees effective December 31, 2013 from $7.25 to $8.00. Additional increases are coming on December 31, 2014, and again on December 31, 2015. An important provision is that, if at any time federal law establishes a higher minimum wage, the state minimum wage will be increased to match the federal.

New Year in New York State Means a New Minimum Wage

Effective December 31, 2013, the minimum wage in New York State will increase from $7.25 per hour to $8.00 per hour. The overtime rate of pay for hourly, non-tipped employees earning the minimum wage will increase to $12.00 per hour. Employers should change their payroll systems prior to January 1, 2014.
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