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Home > State Law Articles > New York > Wage & Hour (NY)

Articles Discussing New York Wage & Hour Laws.

2021 Brings Changes to New York’s Wage and Hour Laws

December 18, 2020 | Littler Filed Under: Wage & Hour (NY)

Littler

While most people will not be sad to leave 2020 behind, employers across much of New York State will see an increase to their labor costs in 2021, even though much of the state is navigating recession-like conditions caused by the Covid-19 pandemic.  While many employers are aware of

NY DOL Issues Notice of Pay Rate Form in Response to Wage Parity Law Amendment as Pay Stub Requirements Take Effect

October 8, 2020 | Littler Filed Under: Wage & Hour (NY)

Littler

On April 3, 2020, New York Governor Andrew Cuomo signed the 2020-2021 state budget bills, part of which amended the New York’s Home Health Care Worker Wage Parity Law (“Wage Parity Law”).  One of the key amendments made to Wage Parity Law was a new notice of wage parity

New York State’s New Paid Sick Leave Law Goes Into Effect September 30, 2020

September 10, 2020 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

New York State will soon require all employers to provide sick leave to employees. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1, 2021.

New York State May Be the First to Pass a New Paid Leave Law in 2020

January 10, 2020 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

In yesterday’s State of the State, Governor Andrew Cuomo proposed legislation that would require private employers to provide sick leave to their workers. Under his proposal, employers with five to 99 employees would be required to provide at least five days of job-protected paid sick leave per year and employers with 100 or more employees would be required to provide at least 7 days of paid sick leave per year. Small businesses with 4 or fewer employees would be required to provide 5 days of unpaid sick leave.

New York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement

January 6, 2020 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

Concluding that it too broadly defined “employer” and raised a myriad of due process concerns that subjected it to risks of unconstitutionality, on December 31, 2019, Governor Andrew Cuomo Governor Cuomo vetoed a bill that would have allowed a current or former employee (or the New York State Department of Labor), alleging “wage theft” by an employer, to place a lien on the employer’s interest in real or personal property for the value of the wage claim plus liquidated damages.

New York State to Eliminate Tip Credit for All But Hospitality Industry Workers

January 3, 2020 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage and take a “credit” for tips received by such employees to satisfy the state minimum wage requirements, according to an Order issued on December 31, 2019, by the Commissioner of the New York State Department of Labor (NYSDOL).

New York Governor Orders Elimination of the Tip Credit for Employers Subject to the Minimum Wage Order for Miscellaneous Industries and Occupations

January 2, 2020 | Littler Filed Under: Wage & Hour (NY)

Littler

For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. The reason for this concern was that Governor Andrew M. Cuomo, as part of his 2018 State of the State address, directed the New York State Labor Commissioner to examine the impact of minimum wage tip credits. While it took over a year, the New York State Department of Labor (NYDOL) finally issued its long-awaited report over the New Years’ break and concluded that the tip credit should be eliminated for all employers subject to the provisions of the Minimum Wage Order for Miscellaneous Industries and Occupations.

New York Extends Wage and Hour Liability to Top 10 Members of Non-NY LLCs

December 17, 2019 | Littler Filed Under: Wage & Hour (NY)

Littler

New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February 10, 2020. Previously, the law did not provide that out-of-state LLC members could be liable for wages owed. The amendment (A453) expands LLC Law § 609(c) to expressly hold members of out-of-state LLCs personally liable for “all debts, wages or salaries due and owing” for services performed within the state.

New Year’s Ball May Be Dropping, But New York Wage Rates Are Not: A Preview of Upcoming Changes

December 28, 2018 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

Two years ago, the New York State Department of Labor (NYSDOL) issued final regulations implementing changes resulting from increases to the minimum wage.

New York City Enacts Mandatory Minimum Wage for App-Hail Drivers

December 18, 2018 | Ford Harrison Filed Under: Wage & Hour (NY)

Executive Summary: On December 4, 2018, the New York City Taxi and Limousine Commission (TLC) adopted rules mandating a minimum wage for app-hailed drivers. According to the TLC, approximately 80,000 affected drivers stand to earn an average of $10,000 more per year. FordHarrison recently wrote about the New York City Council’s (“the Council”) adoption of a suite of regulations targeting the app-hail industry: https://www.fordharrison.com/new-york-city-considering-mandatory-minimum-wage-for-app-hail-drivers.

New Suffolk County, NY, Bill Bans Inquiry into Salary History

December 3, 2018 | Jackson Lewis Filed Under: Wage & Hour (NY)

Jackson Lewis

Joining New York City, Albany County, and Westchester County, Suffolk County has become the latest jurisdiction in New York to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants.

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding “13-Hour Rule” for Home Care Industry

September 30, 2018 | Littler Filed Under: Wage & Hour (NY)

Littler

The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor’s (NYDOL) emergency rulemaking amendment to the “13-hour rule” was “null, void and invalid.” The amendment had codified the NYDOL’s longstanding interpretation that home care workers only had to be paid 13 hours of a 24-hour live-in shift, as long as they received the required sleep and meal periods.

New York City Considering Mandatory Minimum Wage for App-Hail Drivers

July 13, 2018 | Ford Harrison Filed Under: Wage & Hour (NY)

Executive Summary: The introduction of ride-hailing apps has upended the taxi and for-hire car industry in New York City. What began with a promise of independence and wealth for drivers has actually pushed more into dire financial straits, as competition has increased. Now, following a string of driver suicides, New York City’s Taxi and Limousine Commission (TLC) is considering imposing minimum wage requirements on certain app-hailing services like Uber and Lyft.

New York City’s Temporary Schedule Change Law: Overview, Obligations, and Implementation

June 14, 2018 | Goldberg Segalla Filed Under: Wage & Hour (NY)

New York City’s temporary schedule change law (Introduction 1399-2016) goes into effect on July 18, 2018 and covers, with limited exception, all employees working 80 hours or more per calendar year in New York City. Under the law, covered employees who have worked for an employer for at least 120 days may request two temporary schedule changes per year for qualifying personal events.

Have You Properly Prepared for a WPA Audit?

March 7, 2018 | Ford Harrison Filed Under: Wage & Hour (NY)

Executive Summary. Audits of compliance with the Wage Parity Act (“WPA”) are on the rise. The NYS Attorney General’s Medicaid Fraud Unit, Medicaid Inspector General (“OMIG”), and Department of Labor (“DOL”) are all auditing home care agencies. Unless you know what will be asked, you are at a serious disadvantage. Unless you know how to prove your compliance with the WPA to an auditor, you are also at a serious disadvantage.

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