New York Labor And Employment Law Report

New York Labor And Employment Law Report

EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

Posted in Harassment

The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws.  The initial deadline for employers and other members of the public to submit input regarding the proposed guidance was February 9, but the EEOC just announced today that it was extending the deadline to March 21. Continue Reading

President Trump’s Travel Ban and Its Impact on Your Employees

Posted in Immigration

On January 27, 2017, President Trump signed an Executive Order (“EO”) entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.”  The EO suspends the entire U.S. refugee admission system for 120 days and the Syrian refugee program indefinitely.  In addition, the EO suspends the entry of immigrants and non-immigrants from certain designated countries of concern for an initial period of 90 days.  It should be noted that after 90 days, travel is not automatically reinstated for foreign nationals from these countries of concern.  Instead, the EO has mandated that the United States Department of Homeland Security (“DHS”) be required to report whether countries have provided information “needed . . . for the adjudication of any . . . benefit under the INA . . . to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.”  If a country refuses to provide the requested information regarding its nationals to enable the United States to adjudicate visas, admissions, or other benefits provided under the INA, the EO states that foreign nationals from that country will be prohibited from entering the United States until compliance has been achieved.  The EO currently applies to individuals from seven designated countries:  Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. 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 Department of Labor posted model templates for written notice and consent for public comment and feedback.

The notice and consent for payroll debit cards can be found here.

The notice and consent for direct deposit can be found here.

Comments and feedback can be submitted to through February 10, 2017.  The Department indicates that after making any changes from such comment and feedback, it will post updated templates prior to the March 7 effective date of the rule, along with translations into additional languages specified during the rulemaking process.

A New Year, A New Form I-9

Posted in Immigration

On November 14, 2016, the United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 (Rev. 11/14/2016 N) to replace the prior form which expired on March 31, 2016.  Beginning January 22, 2017, employers must use this updated form for the initial employment verification of all new hires, as well as any applicable employment re-verifications.  Prior versions of the Form I-9 will no longer be valid.  The new Form I-9 has an expiration date of August 31, 2019. 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 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