New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Wage and Hour

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NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked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

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… 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… 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… Continue Reading

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

Posted in Wage and Hour
On September 20, 21 states filed a lawsuit 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.  In the lawsuit, the states are seeking a declaratory judgment that the USDOL violated the… 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

USDOL Issues Final Regulations Revising the FLSA White Collar Exemptions

Posted in Wage and Hour
The U.S. Department of Labor recently issued its final regulations revising the white collar exemptions under the Fair Labor Standards Act.  Although the final regulations significantly raise the salary threshold for the administrative, professional, executive, and computer employee exemptions, employers can take some solace in the fact that the increase is actually lower than the… 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

Start Preparing Now for Wage and Hour Changes on the Horizon

Posted in New York Law, Wage and Hour
As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”).  The proposed rule would increase the required salary level for exempt employees to a projected $50,440… Continue Reading

Stronger New York Pay Equity Law to Take Effect in January 2016

Posted in Employment Discrimination, New York Law, Wage and Hour
New York employers take notice:  an amendment to New York’s equal pay law (S.1/A.6075) was signed by Governor Cuomo on October 21, 2015.  The law amends Labor Law Section 194, which prohibits pay differentials based on gender in jobs requiring “equal skill, effort and responsibility” which are “performed under similar working conditions.”  The bill was… Continue Reading

Public Comment Period on DOL’s Proposed “White-Collar” Exemption Regulations Closes

Posted in Wage and Hour
As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”), a national organization comprised of wage and hour attorneys from across the United States, submitted comments pointing out the seriously flawed aspects… Continue Reading

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Posted in National Labor Relations Board, OSHA, Wage and Hour
Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the guise of expanding the definitions of employer and employment.… Continue Reading

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

Posted in Wage and Hour
On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two decisions issued by the U.S. District Court for the District of Columbia that struck down those revisions.  The USDOL’s revised… Continue Reading

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

Posted in New York Law, Wage and Hour
On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry) passed a resolution recommending that the minimum wage for employees in the fast food industry be raised to $15.00 per… Continue Reading

USDOL Issues Guidance Regarding Misclassification of Employees as Independent Contractors

Posted in Wage and Hour
On July 15, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2015-1, which provides guidance regarding the misclassification of employees as independent contractors.  According to the WHD Administrator’s Interpretation, “most workers are employees” under the Fair Labor Standards Act (“FLSA”).… Continue Reading

Second Circuit Sides With Employers in Two Cases Involving Unpaid Interns

Posted in Wage and Hour
In two recent cases decided on July 2, the Second Circuit Court of Appeals held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  In both cases (Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation), plaintiffs who had… Continue Reading

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements Untouched

Posted in Wage and Hour
The U.S. Department of Labor released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions today, along with a fact sheet summarizing the proposed rule.  The proposed rule more than doubles the salary requirement to qualify for the executive, administrative, professional, and computer employee exemptions from the current level of $455 per week to… Continue Reading