In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage statement and wage notice claims under the Wage Theft Prevention Act (WTPA).
Articles Discussing New York Wage & Hour Laws.
New York City Publishes Fact Sheet on Salary Transparency in Job Advertisements
The New York City Commission on Human Rights (NYCCHR) has published a fact sheet providing guidance on the heavily anticipated salary transparency law, which will take effect on May 15, 2022.
NYC Commission on Human Rights Issues Guidance Regarding Minimum and Maximum Salaries in Job Postings
On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 2021, and takes effect on
New York City Issues Guidance on Requirement to Disclose Salary Ranges in Advertisements
The New York City Commission on Human Rights published guidance for the recently enacted Local Law 32 of 2022, which requires salary transparency in job advertisements, effective May 15, 2022.
2022 Brings Big Changes to NYC Pay Transparency Laws
The new year has brought promising changes to pay transparency and pay equity laws across the country. Some of these changes include requiring for salary ranges to be posted and prohibiting employers from asking about a candidate’s past salary. In 2022, New York City is leading the pay transparency
New York City Employers Will Soon Be Required to Include Salary Ranges in Job Postings
The New York City Council has approved a bill that will require New York City employers to include salary ranges with any job advertisements. The stated purpose of the amendment is to further the city’s effort to achieve pay equity. Similar efforts previously resulted in the introduction of laws prohibiting New York employers from asking job applicants about their salary histories.
New York’s General Contractors are Jointly Liable for Construction Worker Wages
Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers.
2021 Brings Changes to New York’s Wage and 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
NY DOL Issues Notice of Pay Rate Form in Response to Wage Parity Law Amendment as Pay Stub Requirements Take Effect
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
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
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
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
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
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
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.