New Yorkâ€™s landmark Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law Â§ 195 (as amended by the Act). The statute became effective in April 2011 and the first annual notice must be provided prior to February 1, 2012. The notice obligations are discussed in our article, New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance. Notice can be provided electronically as long as certain requirements are met.
Articles About New York Labor And Employment Law.
The United States Court of Appeals for the Second Circuit has certified to New Yorkâ€™s highest state court, the New York Court of Appeals, this question of first impression: whether a plaintiff is barred from pursuing federal law discrimination claims under Title VII and the Americans with Disabilities Act if a New York state court previously dismissed similar state law claims by the same plaintiff as untimely.
Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law all protect employees from workplace discrimination based on religious beliefs and practices, and impose an obligation on New York employers to provide reasonable accommodations for the religious needs and practices of employees and prospective employees. Employersâ€™ obligation to provide religious accommodations to their New York City employees, however, will be expanded by legislation passed unanimously by the New York City Council, called â€œThe Workplace Religious Freedom Act.â€ (The effective date is dependent on whether Mayor Bloomberg signs the legislation or the City Council needs to enact the legislation over the Mayorâ€™s veto.)
New Yorkâ€™s highest court has ruled that a business seller may solicit and regain former clients for his new employer without incurring liability for improperly soliciting business under certain circumstances. Bessemer Trust Co., N.A. v. Branin, No. 63, 2011 NY Slip Op. 3307, 2011 N.Y. LEXIS 602 (Apr. 28, 2011).
The Wage Theft Prevention Act, effective April 9, 2011, applies to all New York employers. It modifies current new hire notification requirements that have been in effect since late 2009, imposes an annual notification requirement, and modifies the information required to be included on pay stubs.
New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law, creates new recordkeeping obligations for employers and allows employees to recover significantly greater damages for violations of the law. The new law will become effective on or about April 12, 2011.
The New York State Department of Labor has issued its long-awaited final Hospitality Industry Wage Order applicable to hotels and restaurants, among others. The new Wage Order will be effective January 1, 2011. It makes substantial changes to the rules governing payment of wages to employees in the hospitality industry. It should clarify rules applicable to an industry that has been besieged with class action lawsuits for overtime pay and tip misappropriation. The December 15, 2010, final Wage Order is the culmination of nearly two years of administrative proceedings. A Wage Board held numerous public hearings throughout the State and issued recommendations to the Commissioner of the Department of Labor. The Department of Labor issued a Proposed Order on October 20, 2010 (see our article, Proposed Hospitality Industry Wage Order Would Mandate Significant Changes for New York Restaurants and Hotels). The final Wage Order is substantially similar. Highlights of the Wage Order include the following:
Under the New York State Construction Industry Fair Play Act, effective October 26, construction workers are presumed to be employees, and must be treated as employees, as opposed to independent contractors, unless they meet three criteria. The new section to the New York Labor Law takes aim at worker misclassification in the construction industry. After signing the legislation, Governor David Paterson said, “Studies have shown that up to 15 percent of New York’s construction industry is misclassified at any given time. It deprives the government of tax revenue at a time when it is sorely needed and places an unfair burden on law-abiding employers who play by the rules. It often deprives New York’s workers of crucial benefits such as overtime pay, workers’ compensation and unemployment insurance. This new law will be a powerful tool that hopefully will clean up this practice once and for all.”
Outdated information on a financial services industry recruiter’s database is not protectable as a trade secret where the company did not take adequate safeguards to protect the information and the information was available on the Internet, a federal district court in New York has ruled. Sasqua Group, Inc. v. Courtney, 09-cv-528 (ADS)(ETB), 2010 U.S. Dist. LEXIS 93442 (E.D.N.Y. Aug. 2, 2010) (report and recommendation), adopted, 2010 U.S. LEXIS 98621 (E.D.N.Y. Sept. 7, 2010). U.S. District Court Judge Arthur D. Spatt adopted, in its entirety, the report and recommendation of Magistrate Judge A. Kathleen Tomlinson.
On October 20, 2010, the New York State Department of Labor will submit a consolidated Hospitality Industry Wage Order for publication in the State Register. The Wage Order, if adopted, would impose additional costs on employers while modifying current standards in certain areas such as tip pooling, laundry allowances and spread of hours pay. A 45-day public comment period will follow publication.