The New York City Council overwhelmingly voted on October 31, 2017, to pass legislation (Int. 1652) that repeals the City’s longstanding Cabaret Law. At the same time, Int. 1652 retains certain security requirements of the old law for large establishments.
Articles Discussing General Topics In New York Labor & Employment Law.
NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the “13-Hour Rule”
As we reported earlier this month,1 the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations 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 (“13-hour rule”). Because the NYDOL issued the amendment pursuant to the State Administrative Procedure Act as an emergency regulation, it is effective for only 90 days, and requires the publication of a statement explaining why the emergency regulation was necessary. The NYDOL issued that explanation today.
The DCA Has Issued Proposed Rules for the New York City Fair Workweek’s Predictive Scheduling Laws
On October 16, 2017, New York City’s Department of Consumer Affairs (DCA)1 promulgated rules that further expand upon New York City’s Fair Workweek Law. These proposed rules add new and stringent restrictions on retail and fast food employers’ right to craft schedules for their employees. These rules also double down on the onerous regulatory and recordkeeping requirements that fast food and retail employers must follow.2 Written comments on the proposed rules are due on or before 5:00 p.m. on November 17, 2017. The public hearing is scheduled for November 17th at10:00 a.m. at 42 Broadway, 5th Floor, New York, NY 10004.
New York Department of Labor Issues Emergency Minimum Wage Regulations Regarding Home Healthcare Attendants, Controverting Recent Appellate Court Rulings
Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of Labor (NYDOL) has issued emergency regulations to ensure consistency with longstanding opinion letters issued by the Department and to clarify that time spent sleeping and on meal breaks is not compensable time for home healthcare aides who work shifts of 24 hours or longer at a client’s home.
NYC Issues Additional Guidance on Upcoming Salary Inquiry Prohibitions
Effective October 31, 2017, New York City employers generally may not inquire about or rely upon a job applicant’s salary history in making employment decisions. The New York City Commission on Human Rights (NYCCHR) previously released an Employer Fact Sheet and a Job Applicant Fact Sheet to assist employers and employees with understanding the law.
Applying the WPA to CDPAP -How Do You Do It?
Introduction. HOW you do things, it is said, is as important as WHAT you do. Operating a Fiscal Intermediary (“FI”) under New York’s Consumer Directed Personal Assistant Program (“CDPAP”) epitomizes this. Do you know the difference between operating as a “Fiscal/Employer Agent” and an “Agency with Choice”? Do you know how to incorporate the Wage Parity Act (“WPA”) into your wage and benefits package under CDPAP? The risks for getting it wrong are enormous. Here is a summary of what you need to know. Our goal is to teach how to get it right, with all the agreements, documents, and consumer orientation materials you need.
NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More
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 (“Wage Order”)1 in response to recent court decisions finding that non-residential 24-hour home care attendants, also referred to as aides, must be paid for their sleep and meal periods. The new amendment states 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.
And Now, in Recent New York Cybersecurity Action…
New York State Governor Andrew Cuomo and the New York State Department of Financial Services (“DFS”) have been busy on the cybersecurity front. In a press release on September 18, 2017, building upon the state’s pride in its “first-in-the-nation” cybersecurity regulations that were passed earlier this year, (which we previously discussed on our blog and in our articles Getting Prepared for the New York Department of Financial Services’ Proposed Cybersecurity Regulations, and New York Releases Revised Proposed Cybersecurity Regulations) the Governor directed that new regulations be put in place to require consumer credit reporting agencies to register with DFS (thus making them an entity subject to the DFS cybersecurity regulations). The Governor’s press release stated “[o]versight of credit reporting agencies will help ensure that personal information is less vulnerable to cyberattacks and other nefarious acts in this rapidly changing digital world.”
NYC Legislation Prohibiting Employer Inquiry Into Applicant’s Salary History Will Go Into Effect Later This Month
Earlier this year, Mayor de Blasio signed a bill prohibiting all New York City employers from inquiring about an applicant’s salary history. The bill is set to go into effect on October 31, 2017, and employers should be prepared to implement new hiring policies, procedures, and documents by that time.
New York Court: Minimum Wage Due for All On-Premises Hours Required of Non-Resident Home Care Attendants
In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they may be sleeping, eating, or performing other personal tasks, the Brooklyn-based Appellate Division, Second Department, has held.
Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants. On September 13, 2017, the Appellate Division (Second Department), in Andryeyeva v. New York Home Attendant Agency,1 upheld a trial court’s decision that certified a class of over 1,000 home care attendants who worked 24-hour shifts. In doing so, the court affirmed that sleep and meal periods had to be included in the hourly wages of home attendants who do not reside in the home of his or her client.2
The 2nd Department Rejects NYSDOL’s “13 Hours Rule” For 24-Hour Shift Workers
Executive Summary. Yesterday, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for all 24 hours, regardless of the sleep and meal times they were afforded. The two cases are Andryeyeva v. New York Home Attendant Agency and Moreno v. Future Care Health Services, Inc.
New York Paid Family Leave Benefits Law Deadline for Employers to Apply for Approval as a Self-Insured Employer Rapidly Approaching
The New York Paid Family Leave Benefits Law requires all employers covered by the New York Workers’ Compensation Law to provide coverage for paid family leave (PFL) benefits for their employees on or before January 1, 2018.1
New York State Issues Guidance on Tax Treatment of Paid Family Leave Contributions and Benefits
The New York State Department of Taxation and Finance (DOTF) issued much-needed guidance regarding the tax treatment of deductions from employee wages used to finance paid family leave premiums, and the tax treatment of paid family leave benefits to be received by eligible employees.
First Compliance Hurdle for New York Department of Financial Services Cybersecurity Regulations due August 28
The New York State Department of Financial Services (DFS) has set cybersecurity regulations that require minimum standards for protecting the customer information and information systems of the financial services industry. Unless an exemption applies, the deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations is August 28, 2017.