New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: New York Law

Subscribe to New York Law RSS Feed

Ready, Set, Go! New York Adopts Final Paid Family Leave Regulations

Posted in New York Law
The New York Workers’ Compensation Board published its final regulations implementing the New York Paid Family Leave Law today, Wednesday, July 19, 2017.  The final regulations largely mirror the proposed regulations issued on May 24, but the Board provided further clarification in certain areas.  For example, in its commentary, the Board clarified the rules applicable… Continue Reading

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York Human Rights Law

Posted in Employment Discrimination, New York Law
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice:  you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals. … Continue Reading

New York Publishes Revised Proposed Regulations for Paid Family Leave

Posted in New York Law
Yesterday, May 24, 2017, the New York Workers’ Compensation Board (the “Board”) issued another set of proposed regulations implementing the New York Paid Family Leave Law (PFL).  The initial proposed regulations were published on February 22, 2017, as discussed in a previous blog article.  During the comment period that followed, the Board received 117 formal… Continue Reading

New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

Posted in New York Law
A new New York City law covering freelance workers goes into effect on May 15, 2017.  The law, informally called the “Freelance Isn’t Free Act,” gives non-employee independent contractors the right to a written contract upon request.  Penalties are imposed for failing to provide a contract on request, failing to pay freelancers timely and in… Continue Reading

Adding Inevitability to the Often Disfavored Inevitable Disclosure Doctrine

Posted in Employment Contracts, New York Law
In a prior blog post, we used the Star Wars Universe as the backdrop for a discussion about obtaining a preliminary injunction in the context of a noncompete agreement.  But we left a discussion of the inevitable disclosure doctrine for another day.  Today is that day. By way of background, the inevitable disclosure doctrine typically… Continue Reading

A “Fair and Balanced” Look at a Salary Claw-Back Against an Alleged Serial Sexual Harasser

Posted in New York Law
One of underlying themes of the now defunct “O’Reilly Factor” was that the liberal elites have brought about the “wussification” of America.  In Mr. O’Reilly’s world, personal responsibility has given way to excuses and coddling, begging the question:  where is good old fashioned comeuppance when it is needed?  We can answer that question. While Mr.… Continue Reading

NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

Posted in New York Law, Wage and Hour
In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit.  While the full decision is available here, the upshot is that the IBA concluded that the Commissioner exceeded his “rulemaking authority and encroached upon the jurisdiction of the banking… Continue Reading

NYSDOL Posts Draft Model Templates for Payroll Debit Cards and Direct Deposit Notice and Consent

Posted in New York Law, Wage and Hour
Pursuant to new regulations that take effect on March 7, 2017, New York employers will be required to satisfy certain notice requirements and obtain employees’ informed consent before paying wages by debit card or direct deposit.  (Additional information concerning those regulations can be found here.)  In connection with those regulations, this week the New York State… Continue Reading

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… Continue Reading

New York State DOL Issues Regulations on Payroll Debit Cards

Posted in New York Law
On September 7, 2016, the New York State Department of Labor adopted regulations governing the payment of employee wages by any method other than cash or check, including direct deposit and payroll debit cards.  The purpose of the new rules, which will become effective on March 7, 2017, is to ensure that workers who are paid… Continue Reading

New York’s Fantasy Sports Law at Work

Posted in New York Law
On August 3, 2016, Governor Andrew Cuomo signed a law legalizing fantasy sports in New York.  The timing is critical to the industry, as it may enable major fantasy sports providers to reopen operations in New York by the beginning of the National Football League season in September.  Football is easily the most popular U.S.… Continue Reading

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Posted in New York Law, Wage and Hour
Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the employee will be paid (i.e., by the hour, shift, day, etc.), the regular payday, and information regarding… Continue Reading

New York State DOL (Yet Again) Issues Draft Regulations on Payroll Debit Cards and Other Wage Payment Issues

Posted in New York Law, Wage and Hour
After a nearly eight-month delay, the New York State Department of Labor once again published draft Regulations governing the payment of employee wages via payroll debit cards, direct deposit, and other means.  As we previously reported, these proposed Regulations would impose several new requirements for New York employers, even for those who merely pay employees by… Continue Reading

Employment Law’s “Hulk”-Like Superhero — The Faithless Servant Doctrine — Just Got Stronger

Posted in New York Law
One of the many joys of parenthood is the opportunity to relive one’s childhood.  To a parent who grew up on the old-school comic books, the steady roll-out by Marvel Studios of big budget super-hero movies offers a unique bonding opportunity with one’s children, which can take place over a uniquely unhealthy massive bowl of… Continue Reading

Division of Human Rights Adopts Regulation Prohibiting Discrimination Based on Relationship or Association

Posted in Employment Discrimination, New York Law
On May 18, the New York State Division of Human Rights adopted a new regulation prohibiting employment discrimination based on an individual’s relationship or association with a member of a protected category covered by the New York Human Rights Law.  The proposed rule was published in the State Register on March 9.  The agency did not receive… Continue Reading

How Would a Noncompete Hold in the Star Wars Universe?

Posted in Employment Contracts, New York Law
The following article was first published in Employment Law 360 on February 24, 2016. Being both an employment law geek and a “Star Wars” geek, I can’t help but watch the “Star Wars” movies through the troublesome lenses of my employment lawyer glasses, nor can I practice employment law without various “Yodaisms” running through my… Continue Reading

New York State Division of Human Rights Adopts Regulations Prohibiting Discrimination Against Transgender Individuals

Posted in Employment Discrimination, Harassment, New York Law
As we reported in a blog post last month, although neither the federal nor state law expressly prohibits discrimination on the basis of gender identity or expression, Governor Cuomo bypassed the legislative process and urged the New York State Division of Human Rights to issue regulations that will interpret the state’s anti-discrimination prohibitions to cover… Continue Reading

New York Adopts Tipped Worker and Fast Food Worker Minimum Wage Regulations

Posted in New York Law, Wage and Hour
As we reported previously, the New York State Department of Labor (“NYSDOL”) proposed a series of new regulations earlier this year.  These proposals included new regulations raising the minimum wage and reducing the maximum available “tip credit” for certain workers in the hospitality industry, and new regulations implementing the recommendation of Governor Cuomo’s Fast Food… Continue Reading