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.
Articles About New York Labor And Employment Law.
Salary Thresholds in New York Rise Effective Dec. 31, 2016
Earlier this month we notified you that a U.S. District Judge in the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) final overtime rule just days before it was scheduled to go into effect. While the outlook of the exemption levels at the federal level remain uncertain, New York State has raised the exemption levels on its own, effective December 31, 2016.
Labor Law Update Fall/Winter 2016 (New York Scaffold Law)
Beastly burden: Courts continue to address the sole proximate cause defense
It’s personal: Required knowledge for an effective defense witness
Can §241(1) apply even if the plaintiff does not fall to the ground?
Plus analysis of more than 50 cases from New York’s appellate courts
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 City Council Seeks Major Workplace Reforms for Fast Food, Retail Workers
The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City.
New York Adopts Pathologists’ Assistants Law
New York State has adopted a new law that establishes the profession of licensed pathologists’ assistant.
New York State Announces Expanded App To Locate Substance Abuse Treatment Programs
Governor Andrew M. Cuomo today announced the launch of a newly upgraded web-based search tool to help connect New York State residents struggling with addiction to treatment. The OASAS Treatment Availability Dashboard application allows New Yorkers to access any service in the New York State Office of Alcoholism and Substance Abuse Services continuum of care, including crisis, residential, inpatient, and now — outpatient and opioid treatment programs. By using the online and mobile-friendly platform, any New Yorker, including treatment providers, care coordinators, and health insurance professionals, can easily find a treatment bed or other available services, anywhere in the state and in real time.
NYC Employers Should be Aware of Stringent Local Laws
Executive Summary: New York City employers should be aware of local laws that directly affect a company’s hiring and termination practices, including a recent one that makes it illegal for employers to discriminate based on “caregiver status.”
New York Adopts Advanced Home Health Aide Law
New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016.
New York City Agencies Are Prohibited From Making Pay History Inquiries – At Least For Now
New York Mayor Bill de Blasio is engaged in a flurry of pre-election actions.1 Most recently, he signed Executive Order 21, which prohibits New York City agencies from asking prospective employees about their salary history before making an offer of employment. The order will take effect on December 4, 2016. It is aimed at bridging the wage gap for women and people of color, groups who are often paid less than white males for substantially similar work. The Order prohibits inquiries about a job applicant’s prior wages, salaries, benefits, or other compensation. A prospective employer may only make inquiries about previous salaries after the employer has extended the applicant a job offer with pay information.
Freelancers in New York City Get Wage Protections
A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law will become effective on May 15, 2017 (180 calendar days after signing), and will apply to contracts entered into after the effective date.
New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption
Executive Summary: Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing Preservation and Development (HPD), New York State Office of Attorney General (NYSOGA) and the New York City Comptroller’s Office (Comptroller) concerning prevailing wage compliance. These Notices signal the start of an aggressive enforcement effort of the prevailing wage requirement that accompanies the 421-a exemption.
Why NY’s New Pay Equity Law May Be a Game-Changer
I remember the lawyer, half a generation older than I, describing how, as a recent law school graduate she struggled even to get an interview for a job as a lawyer. When an offer came, she eagerly accepted, even though the firm’s senior partner told her that, “of course” she would be paid less than the male associates, because she was married and they “had families to support.”
New York City to Pass Protections for Freelance Workers
On October 27, 2016, the New York City Council approved a bill that would establish protections for freelance workers. It is expected that Mayor Bill de Blasio will sign the bill into law in the near future.
Getting Prepared for the New York Department of Financial Services’ Proposed Cybersecurity Regulations
Taking aim at the growing threat posed by cyber-attacks to the financial services industry, the New York State Department of Financial Services (“DFS”) has proposed a first-of-its kind, far-reaching, rigorous cybersecurity framework that could become the national standard.