Labor & Employment

Labor & Employment

Our Labor & Employment group has created a resource center in order to keep our clients up to date with important information that may affect their businesses.  See below for some current information.

 

November 20, 2017

Amanda Fugazy, a member of the Firm, wrote an article titled: "Creating A Strategy To Comply With NY’s Pay Stub Mandates".  Click here to read the full article.


June 12, 2017

Client Alert: New York Paid Family Leave Law Deductions Should Start July 1, 2017

The PFL program – both the amount of leave time available and the monetary benefits – will be phased in beginning on January 1, 2018.  However, prudent employers will ACT NOW to ensure they are on the same page with their payroll providers regarding deductions from payroll that should commence on July 1, 2017.

Click here to read the alert.


June 12, 2017

Client Alert: New York Enacts Paid Family Leave Law

New York’s Paid Family Leave (“PFL”) law will be phased in beginning on January 1, 2018.  The law will be the most comprehensive in the country, providing paid leave to virtually all employees in New York, regardless of the size of the employer.  The pertinent features of the PFL law are summarized here.


May 11, 2017

Client Alert: New York City Bans All Inquiries Regarding Salary Histories of Job Applicants

New York City has joined other states and cities across the country – including Massachusetts and Philadelphia – in banning employers from inquiring about a job candidate’s salary history. Per legislation signed on May 4, 2017 by New York City Mayor Bill DeBlasio, effective November 1, 2017, all employers in New York City, both public and private and regardless of size, may no longer:


(1)        inquire about the salary history of an applicant for employment; or
(2)        rely on the salary history of an applicant in determining that applicant’s salary at any stage in the employment process, unless the applicant “unprompted” and “willingly” discloses his or her prior salary information.

Click here to read the alert.


January 4, 2017

Client Alert:  Minimum Salary Thresholds for Overtime Exemptions in New York - 2017

The New York State Department of Labor, with just two business days’ notice, increased the minimum weekly salary thresholds that employers must pay in order for their executive and administrative employees to be exempt from overtime pay obligations under New York State law.   Moreover, the minimum salary thresholds will now vary according to the location and/or size of the employer.

Click here to read the alert.


January 4, 2017

Client Alert: Updated Minimum Wage Developments in New York - 2017

On December 27, 2016, we alerted you to increases in the minimum wage for 2017.  Since then, the New York State Department of Labor (“DOL”) issued new regulations, effective December 31, 2016, that re-introduced separate tip credit amounts for “service employees” and “food service workers” employed in the hospitality/restaurant industry. 

Click here to read the updated alert.


December 27, 2016

Client Alert:  Complete new 195.1 forms for your hourly restaurant employees

As we have previously notified you, New York’s minimum wage is increasing effective December 31, 2016.  The new minimum wage varies according to where your business is located.  to assist you in your legal compliance obligations, we have created the form that restaurant employers should fill out and provide to all non-exempt employees for signature before December 31, 2016.  The form only applies to restaurant/hospitality employers with 11 or more employees in New York City. 

Click here to read the full alert, with form included.


December 27, 2016

Client Alert - Minimum Wage Changes for 2017

As 2017 quickly approaches, New York employers must prepare for scheduled minimum wage increases that will take effect December 31, 2016.  Unlike in previous years, the applicable increased minimum wage will vary based upon where the employee is located and the size of the employer.  Read the full alert here for the new minimum wage and overtime rates.


November 30, 2016

Amanda M. Fugazy, presented at the HUB Food Service Industry Workshop and prepared the Restaurant Management Employment Law Overview.  Click here to read it.


November 23, 2016

Client Alert: Federal Judge Blocks Implementation

As we previously advised, on May 18, 2016, the U.S. Department of Labor published the final rule updating the overtime regulations.  Click here to read the full alert.


August 1, 2016

Client Alert: Federal Labor Law Posting Update Effective August 1st

Effective August 1, 2016, employers must post new Fair Labor Standards Act (FLSA) and Employee Polygraph Protection Act (EPPA) posting.  Don’t forget to change your employment posters. 

Click here to read the full alert.


July 18, 2016

Client Alert: New York City Enacts “Ban The Box” Law

On June 29, 2015, New York City Mayor Bill DeBlasio signed into law the Fair Chance Act (“Act”), which amends the New York City Administrative Code to restrict when employers may inquire about an applicant’s criminal history and imposes significant obligations on employers who intend to take action based on such information.

Click here to read the full alert.


May 19, 2016

Client Alert: DOL Publishes Final Rule Revising FLSA Overtime Exemptions

On May 18, 2016, the U.S. Department of Labor (“DOL”) published the final rule updating the overtime regulations (the “Final OT Rule”).

Click here to read the full alert.


April 05, 2016

Client Alert: Human Resources Directors May Be Held Personally Liable For FMLA Violations

On March 17, 2016, the Second Circuit Court of Appeals held that the definition of “employer” under the Family Medical Leave Act (“FMLA”) may include an employee, such as a Director of Human Resources, who has the requisite amount of control over an employee’s terms and conditions of employment. 

Click here to read the full alert.


March 07, 2016

Client Alert: EEOC Announces Intent to Require Pay Data from Employers

Pay equity has become a hot-button issue of late.  Numerous laws purport to guarantee equal pay for equal work, but research suggests that there is lingering pay disparity across genders and races. In an effort to combat pay discrimination, the EEOC has recently announced that in 2017 it will require employers with 100 or more employees and federal contractors to provide the EEOC with information regarding employees’ pay.

Click here to read the full alert.


February 02, 2016

Client Alert: NLRB Ruling Regarding Employer Policies Prohibits Recording in the Workplace. 

Click here to read the full alert.


January 08, 2016

Client Alert: The change in minimum wage has dictated that all NY employers and many employers in other states change their employment postings.  Don’t forget to change your employment posters. 

Click here to read the full alert.


January 05, 2016

Client Alert: New York Strengthens Employee Protections
On October 21, 2015, New York Governor Andrew Cuomo signed a spate of employment-related legislation into law. 

Click here to read the full alert.


November 23, 2015

Client Alert: DOL Delays Implementaion of Changes To The Overtime Exemptions
As we have previously advised, the U.S. Department of Labor (“DOL”) has proposed regulations raising the minimum salary that must be paid to an employee in order for that employee to be considered exempt from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”). 

Click here to read the full alert.


November 03, 2015

Client Alert - New York City Commuter Benefits Law

On January 1, 2016, the New York City Commuter Benefits Law will take effect.  Now is the time to prepare. 

Click here to read the full alert.


September 28, 2015

Client Alert: As 2016 quickly approaches, New York employers must prepare for scheduled minimum wage increases that will take effect December 31, 2015. 

Click here to read the full alert.


September 10, 2015

Client Alert: Get Prepared For Changes To The Overtime Exemptions
The U.S. Department of Labor has proposed regulations raising the minimum salary that must be paid to an employee in order for that employee to be considered exempt from the overtime pay requirements of the Fair Labor Standards Act.  These regulations are anticipated to take effect in January 2016. 

Click here to read the full alert.


January 21, 2015

Client Alert: New York Repeals WTPA’s Annual Wage Notice requirement and minimum wage raises To $8.75 per hour for non-exempt workers and $656.25 per week for exempt workers. 

Click here to read the full alert.


March 21, 2014

Client Alert:  New York City Earned Sick Time Act - Effective April 1, 2014

Beginning April 1, the law, passed originally last summer, and significantly expanded by the City Council this past February, requires private-sector employers with 5 or more employees in New York City to offer at least 40 hours of annual paid sick leave to each employee. Employers with fewer than 5 employees in the city will be required to offer at least 40 hours of unpaid sick leave to each employee per year. 

Click here to read the full alert.