Total Articles: 12
Don't Forget to Ring in the New Year with New York State's Newest Employee "Notification" Requirement
Mark your calendars - the New Year brings new employee notification requirements, courtesy of New York's legislature and its former Governor, David Paterson. The dubiously-named "Wage Theft Prevention Act," which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a "pay notice" at the time of hire and, subsequently, on a yearly basis. The first "yearly" notice period begins January 1, 2012. Thus, employers have from January 1, 2012 through February 1, 2012 to provide a "pay notice" to employees, which must contain the following:
Reminder: NY Employers Now Must Report Whether Health Ins Is Available to Employees' Dependents
Recently, new reporting requirements under the
Low Income Support Obligation and Performance
Improvement Act of 2010 went into effect; they
require all New York employers to report whether
health insurance benefi ts are available to their
employees’ dependents in their quarterly wage
reports. Previously, employers had only to disclose
employees’ names, social security numbers and
gross wages.
New Reporting Requirements for New York State Employers
Effective July 15, 2011, New York State employers must report whether health insurance benefits are available to the dependents of their employees pursuant to the Low Income Support Obligation and Performance Improvement Act (the “Act”). The Act, which amends New York Tax Code Sections 171-a and 171-h (“Section 171-a” and “Section 171-h”), was enacted in an effort to increase the number of children enrolled in health insurance programs.
New York State Passes Dignity for All Students Act
Through amendments to the New York State Education Law, which will take effect July 1, 2012, the Dignity for All Students Act (the "Act") seeks to provide all students with an environment free of harassment that substantially interferes with their education.
Parental & Medical Leave Law in New York.
Key Issues & Emerging Trends - Employment Law Essentials
Update Regarding a New York State Department of Labor Requirement
A recent amendment to the New York Labor Law, which became effective on October 26, 2009, requires that employers provide 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. The law requires that employers obtain a written acknowledgement from employees confirming receipt of the notice. The New York State Department of Labor (DOL) has since reversed its previous position requiring that employers use the DOLs Wage Rate and Designated Payday Form (LS 52) for the purpose of providing the required notice and obtaining the required acknowledgement. The DOL now takes the position that [n]o particular form is required. Employers may create their own forms, or use and/or adapt LS 52.
New York Commissioner Of Labor Issues Guidelines Regarding The Rights Of Nursing Mothers To Express Breast Milk In The Workplace; Sets Notice Requirements.
New York law requires employers to provide nursing mothers reasonable unpaid break time or paid break time or meal time to express breast milk in the workplace for up to three years after the birth of a child. Recently, the New York Commissioner of Labor issued guidelines requiring employers to provide written notice of this right to employees who are returning to work following the birth of a child. Notice can be provided individually to the affected employees, or to all employees, in either a handbook or a posting. An employee wishing to take this leave must give her employer advance notice.
New York Commissioner Of Labor Issues Guidelines For Employee Blood Donation Leave; Sets Notice Requirements.
New York law requires that employers (with 20 or more employees) provide employees three hours of leave time each year for the purpose of donating blood. Recently, the New York Commissioner of Labor issued guidelines for implementing this leave.
More Amendments to the New York Labor Law.
As of October 16, 2007, New York employers must enter
into written compensation contracts with salespeople
who are paid on commission, or risk an adverse fi nding
on compensation terms in any NYS DOL proceeding.
NY CLS Labor 191(1)(c).
Deadline for Compliance with New York Social Security Law Approaching (pdf)
A new law going into effect in New York on January 1, 2008 regulates the way that employers record and display information about their employees. The Social Security Number Protection Law imposes civil liability upon all people and nongovernment entities, including nongovernment employers, who fail to adequately restrict access to their employees Social Security numbers.
New Laws Impact New York Employers and Require Changes to Personnel Policies.
Employers in New York should be aware of two new laws that will require them to amend their personnel policies.
Nursing Mothers in the Workplace (pdf).
This August, Governor Eliot Spitzer signed the Nursing Mothers in the Workplace Law, which requires all New
York employers to allow employees who are nursing mothers to express breast milk during break periods. The
law mandates that opportunities to express milk must be given during either paid or unpaid breaks, but does
not require the creation of paid break periods. If existing breaks, including meal time, are insuffi cient to meet
the reasonable needs of an employee wishing to express milk, the employer must offer additional time but need
not compensate the employee for that time. The law affords this protection for a three-year period following
the birth of an employees child.
