Articles Discussing New York Wage & Hour Laws.

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

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 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.

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.

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.

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).

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 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.

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

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.

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.

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.

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 (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.

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.