New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: New York Law

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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

The Division of Human Rights Proposes Regulations to Expand Anti-Discrimination Protections to Transgender Individuals

Posted in Employment Discrimination, Harassment, New York Law
After several unsuccessful attempts to pass the Gender Expression Nondiscrimination Act, which would have extended the nondiscrimination protections in the New York Human Rights Law to transgender individuals, Governor Cuomo took the unprecedented step of directing the New York State Division of Human Rights to issue regulations that would protect transgender applicants and employees in… 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

New York Court of Appeals Advises Employers to Take Time to Present Restrictive Covenants to New Employees

Posted in Employment Contracts, New York Law
It is not uncommon for employers to present restrictive covenants, such as non-competition, non-solicitation, or confidentiality agreements, to new employees in a stack of orientation paperwork.  A recent case from New York’s highest court reminds employers not only that it is important to narrowly tailor restrictive covenants, but also that it is worthwhile to take… 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

NYS Acting Commissioner of Labor Accepts the Wage Board’s Recommendation to Increase the Minimum Wage for Tipped Employees in the Hospitality Industry

Posted in New York Law, Wage and Hour
New York State’s Acting Commissioner of Labor, Mario Musolino, issued an Order today, accepting most of the recommendations made by the Hospitality Industry Wage Board, including the recommendation to increase the minimum wage for all tipped employees in the Hospitality Industry to $7.50 per hour effective December 31, 2015.  The one recommendation that the Acting Commissioner… Continue Reading

New York Hospitality Industry Wage Board Recommends Increase in Tipped Employee Minimum Wage

Posted in New York Law, Wage and Hour
On September 15, 2014, the New York State Commissioner of Labor assigned the three-member Hospitality Industry Wage Board (“Wage Board”) with the task of reviewing and making recommendations regarding what changes, if any, should be made to the minimum wage rates and tip credits for food service workers and service employees in the hospitality industry. … Continue Reading

Governor Cuomo Signs the Bill Eliminating the Annual Wage Notice Requirement

Posted in New York Law, Wage and Hour
Happy New Year!  On December 29, Governor Cuomo signed the bill eliminating the requirement under the Wage Theft Prevention Act that employers in New York provide annual wage notices to their employees.  Although the bill currently provides that it will go into effect 60 days after it is signed (which would mean that it would take… Continue Reading

New Law Requires Employers to Grant Leave to Volunteer Emergency Responders

Posted in New York Law
Effective December 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the Governor has declared a state of emergency.  Employees eligible for such leave include volunteer firefighters and volunteer ambulance service personnel who have given their employer prior written documentation regarding their volunteer status or whose… Continue Reading

An Early Holiday Present For New York Employers: The Annual Wage Notice Requirement Will Be Eliminated

Posted in New York Law, Wage and Hour
New York employers who have already begun preparing to send out annual wage notices to their employees under the Wage Theft Prevention Act can safely stop their preparations.  The bill eliminating the annual wage notice requirement was delivered to the Governor yesterday and it is expected that the Governor will sign it.  The bill, as currently… Continue Reading

The Bill Eliminating the Annual Wage Notice Requirement Still Has Not Been Signed by the Governor

Posted in New York Law, Wage and Hour
Nearly six months ago, we reported that the New York Legislature passed a bill eliminating the requirement under the Wage Theft Prevention Act that employers provide an annual wage notice to their employees between January 1 and February 1.  We monitored the bill regularly, hoping that we would be able to report that the Governor had signed… Continue Reading

The Legalization of Medical Marijuana Could Have a Significant Impact on the Workplace

Posted in New York Law
On July 5, 2014, Governor Cuomo signed the Compassionate Care Act, making New York the twenty-third state to legalize medical marijuana.  This new law creates a medical marijuana program for individuals suffering from certain severe, debilitating, or life-threatening conditions (e.g., cancer, ALS, Parkinson’s disease, epilepsy, etc.).  The goal of the program is to ensure that… Continue Reading

New York Amends Human Rights Law to Protect Unpaid Interns

Posted in Employment Discrimination, Harassment, New York Law, Retaliation
On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.”  The amendment prohibits employers from discriminating against unpaid interns and prospective interns on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex,… Continue Reading