New York Labor And Employment Law Report

New York Labor And Employment Law Report

It’s Official — New York’s Salary Threshold for the Executive and Administrative Exemptions Is Increasing — THIS WEEK

Posted in New York Law, Wage and Hour

As expected, this morning, the New York State Department of Labor published its final rule increasing the salary threshold applicable to exempt executive and administrative employees in New York State.

While the ultimate fate of the USDOL’s regulations remains unclear, New York employers now know that the salary threshold applicable to exempt executive and administrative employees will increase effective December 31st. Continue Reading

Police Employers Beware — Benefits Payments Under General Municipal Law Section 207-c May Not Shield You From Tort Claims

Posted in Public Employment

Municipal police employers who thought that their payment of benefits to injured police officers under General Municipal Law Section 207-c shielded them from tort claims brought by those injured officers need to think again. Continue Reading

Fifth Circuit Court of Appeals Grants USDOL’s Request to Expedite the Appeal

Posted in Wage and Hour

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the USDOL’s request to expedite its appeal from the preliminary injunction order issued by the U.S. District Court for the Eastern District of Texas, preventing the new white collar exemption regulations from being implemented.  Under the Fifth Circuit’s schedule for the appeal, the USDOL is required to file its appeal brief by December 16, 2016.  The responding brief of the 21 states that obtained the preliminary injunction is due by January 17, 2017.  The USDOL’s reply brief is due by January 31, 2017.  Amicus briefs in support of the USDOL are due by December 23, 2016, and amicus briefs in support of the 21 states are due by January 24, 2017.  The oral argument before a panel of Fifth Circuit judges will be scheduled on the first available date after the close of briefing, and the Court will issue an expedited ruling on the appeal after oral argument is conducted. Continue Reading

USCIS Increases Filing Fees Effective December 23, 2016

Posted in Immigration

For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016.  All applications or petitions mailed, postmarked, or otherwise filed with USCIS on or after that date must include the new fee. Continue Reading

U.S. District Court in Texas Issues Nationwide Injunction Preventing New Overtime Rule From Taking Effect

Posted in Wage and Hour

Today, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction preventing the U.S. Department of Labor from implementing its regulations revising the white collar exemptions.  Therefore, the increase in the minimum salary level to $913.00 per week that was expected to go into effect on December 1 will not occur on that date. Continue Reading

A Quick Update Regarding the Lawsuits Challenging the USDOL’s White Collar Exemption Regulations

Posted in Wage and Hour

As we previously reported, 21 states filed a lawsuit on September 20 against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair Labor Standards Act.  On that same day, several business groups filed their own lawsuit in the same Court, also challenging the USDOL’s white collar exemption regulations.  As we quickly approach the effective date of the new regulations (December 1), many employers are wondering:  what is the status of those lawsuits and how do those lawsuits affect our plans to communicate with our employees about changes that will be made? Continue Reading

New York’s Salary Threshold for Exempt Employees Set to Exceed $913.00 Per Week

Posted in New York Law, Wage and Hour

You read that right — not to be outdone by its federal counterpart — the New York Department of Labor recently proposed significant changes to the salary threshold applicable to exempt executive and administrative employees in New York State — changes all New York employers should be aware of. Continue Reading

Reminder: New York Election Law Notices Should Be Posted Today

Posted in New York Law

New York’s Election Leave Law requires employers to post a voting leave notice at least ten (10) working days before “every election.”  This year, the general election will be held on November 8, 2016.  Therefore, employers must, if they have not already done so, post a notice no later than today, October 25, 2016. Continue Reading

OSHA Announces Feral Cats Are Not Vermin

Posted in Occupational Safety and Health, OSHA

On October 4, 2016, the Occupational Safety and Health Administration issued a press release and announced that it was proposing changes to 18 separate regulations “as part of an ongoing effort to revise provisions in its standards that may be confusing, outdated or unnecessary.”  A summary of the proposed changes can be accessed here.  The proposals run across a wide spectrum from the technical (i.e., allowing ex-rays to be maintained in digital format); to the procedural (i.e., making the process safety management standard the same for construction and general industry); to the completely understandable (i.e., eliminating any uses of employee social security numbers in exposure monitoring); to the somewhat odd (i.e., eliminating feral cats from the definition of “vermin” in the shipyard equipment regulation).  On the last point, the agency press release noted that “OSHA recognizes that feral cats pose a minor, if any, threat, and tend to avoid human contact, and OSHA proposes to remove the term ‘feral cats’ from the definition of vermin in the standard.”  The deadline for submitting comments to any of the proposals is December 5, 2016.

Do You Need to WARN Your Employees?

Posted in Reductions in Force

Since 1989, the federal Worker Adjustment and Retraining Notification (“WARN”) Act has required covered employers to give written notice in advance of certain workforce reductions affecting at least 50 employees.  Twenty years later, a New York law expanded the coverage to reductions potentially affecting as few as 25 employees.

If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process. Continue Reading