On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay requirement. The decision marks a deviation from a 2019 Appellate Division First Department
Articles Discussing New York Wage & Hour Laws.
Governor Hochul Proposes New York Labor Law Amendment to End Pay Frequency Claims
Governor Kathy Hochul’s newly unveiled fiscal year 2025 executive budget proposal includes an amendment to Section 198 of the New York Labor Law (NYLL) that could put an end to pay frequency claims.
New York Frequency of Pay Update: Governor Proposes Legislation and Second Department Finds No Private Right of Action for New York Manual Worker Frequency of Pay Claims
New York Labor Law (NYLL) Section 191 sets out a “schedule” for the frequency of wage payments of various categories of workers, including manual workers, who must be paid on a weekly basis. New York State’s Department of Labor has defined a “manual worker” to include employees who spend
Governor Hochul Proposes to Limit New York Manual Worker Frequency of Pay Claims
On January 16, 2024, Governor Hochul announced her Executive Budget Proposal for the 2025 fiscal year, which includes language that would provide significant relief to employers currently faced with an onslaught of “frequency of pay” litigation. Under the governor’s proposal,1 which would need to be accepted by the legislature through
New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act
On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time Act (ESSTA).
New York Department of Labor Approves Proposed Modified Wage Orders
The New York State Department of Labor has approved and made final its proposed regulations to align the state’s industry-specific regulatory wage requirements with the upcoming legislatively approved increases in the state minimum wage.
New York Enacts ‘Workers’ Bill of Rights’ Notice and Posting Requirements
Beginning on July 1, 2024, New York City employers will be required under a newly enacted city law to distribute and post a city-created “Workers’ Bill of Rights” notice informing employees of their employment rights.
With Increased New York Minimum Wage Come Modified Obligations Under State Wage Orders
The New York State Department of Labor (NYSDOL) has issued proposed regulations to align the state’s industry-specific wage requirements with the upcoming increases in the state minimum wage.
New York City’s Final Rules on Safe and Sick Time Become Effective
On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a final rule (“Final Rule”) on the City’s Earned Safe and Sick Time Act (“ESSTA”).
New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court
New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers.
New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements
Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations.
New York State Proposes Regulations for Pay Transparency in Job Advertisements
NY Department of Labor has published proposed regulations governing the state’s salary transparency law, which took effect September 17, 2023. Law requires employers to post salary ranges in job advertisements for positions that will be performed, in whole or in part, in New York,
New York State Department of Labor Releases Proposed Pay Transparency Regulations
On September 13, 2023, the NY DOL released proposed pay transparency regulations.
Reminder for Employers—New York Statewide Pay Transparency Law Takes Effect
The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023. The law requires employers with four or more employees to disclose the minimum and maximum annual salary or hourly wage in advertisements for jobs, promotions,
Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17
Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.