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.
Articles Discussing New York Wage & Hour Laws.
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.”
Wage Protections for Freelancers, Paid Sick Leave for Domestic Violence on New York City Council Agenda
The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons for using statutory sick time to include reasons related to victims of domestic violence. Mayor Bill de Blasio supports both proposals.
Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even the increases under the Fair Labor Standards Act slated to go into effect on December 1, 2016. This could have significant implications for employers in New York.
New York State Department of Labor Adopts Direct Deposit and Payroll Debit Card Regulations
A regulation that clarifies and specifies the acceptable methods by which employers in New York State may pay wages to certain employees will take effect on March 7, 2017. The regulation, adopted by the state’s Department of Labor earlier this fall and codified at section 192 of the New York Labor Law, covers the traditional methods of payment of wages by cash and check, but also sets forth the procedures employers must follow when paying wages by direct deposit or payroll debit card. According to the new regulation, all employees who work in New York State are covered, other than persons employed in a bona fide executive, administrative, or professional capacity earning over $900 per week, or employees working on a farm not connected with a factory.
New Regulation Restricts New York Employers Seeking to Pay Wages by Direct Deposit, Payroll Debit Cards
The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit cards.
New York Implements Regulation Strongly Favoring Payment of Wages by Check and Discouraging Payment by Direct Deposit and Debit Card
On September 7, 2016, the New York State Department of Labor (“NYDOL”) adopted a final regulation setting the conditions by which employers in New York State can pay wages by direct deposit or by debit card. This regulation is effective March 7, 2017, and adopts most of the provisions that the NYDOL initially proposed on June 5, 2016. The regulation magnifies the scope of New York Labor Law section 192, which prohibits employers from directly depositing the net wages or salary of most employees in a bank or other financial institution without first obtaining the employee’s prior written consent.
Proposed Rule Would Radically Alter Use of Direct Deposit and Paycards in New York
On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all current consents for direct deposit will be invalid and every employee that accepts payment by direct deposit will have to reauthorize its use. New York employers only have until July 15, 2016, to submit proposed comments.
Minimum Wage Increases in New York: What Employers Should Know
On April 4, 2016, New York Governor Andrew Cuomo executed sweeping legislation as part of the 2016-17 state budget, implementing a complicated and staggered set of minimum wage increases, and creating a system of paid family leave benefits.1 This Insight describes the schedule and details of the minimum wage increases to be implemented commencing December 31, 2016, and continuing each year until 2021.
NYSDOL Issues Guidance on Fast Food Wage Order and Increased State Cash Minimum Wage For Hospitality Workers
The New York State Department of Labor (NYSDOL) recently posted answers to Frequently Asked Questions related to the new Fast Food Wage Order and increased state minimum wage for hospitality workers, both of which take effect on December 31, 2015. As previously covered here, the state minimum wage in New York will increase to $9.00 for all hospitality-based employees not covered by the Fast Food Wage Order. The maximum tip credit available for such workers will be reduced to $1.50, from the current amount of $3.75, requiring a minimum cash wage of $7.50. Of note, the Fast Food Wage Order FAQ clarifies the NYSDOL’s view that no tip credit is available for employees covered by the Order, including delivery employees.
Industrial Board of Appeals Hears Arguments Regarding New York Fast Food Wage Order
Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would increase the minimum wage for “fast food employees” in covered “fast food establishments” on a phase-in schedule culminating in a minimum wage rate of $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the balance of the state.
New York Law Permitting Deductions from Wages for Overpayments and Advances Will Expire on November 6, 2015
On November 6, 2015, amendments to the New York Labor Law (NYLL) that expanded permitted deductions from wages for overpayments and advances against wages, among other items, will expire.