Archives: New York Employment Beat

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New York Wage Payment Regulations Are Revoked at the Eleventh Hour

Recently, New York’s Industrial Board of Appeals (IBA) revoked regulations issued by the State’s Department of Labor (NYSDOL) governing employee wage payments via direct deposit and payroll debit cards, which were scheduled to go into effect March 7, 2017. The IBA, an independent agency with certain oversight authority over the NYSDOL, held that the proposed … Continue Reading

NY Dept of Labor Finalizes Major Changes to Wage Regulations

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from time-to-time by the New York State Department of Labor (NYSDOL).  The NYSDOL publishes wage orders covering the hospitality, … Continue Reading

NY Dept. of Labor Proposes Major Changes to Wage Regulations

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from time-to-time by the New York State Department of Labor (NYSDOL).  The NYSDOL publishes wage orders covering the hospitality, … Continue Reading

NYC Passes Comprehensive Independent Contractor Bill

On October 27, the New York City Council, long known for pushing the envelope when it comes to employment legislation, passed a first-of-its-kind bill, known as the “Freelance Isn’t Free” Act, that requires written agreements between certain independent contractors and the entities that engage them (the Act).  The Act also bars wage theft and retaliation … Continue Reading

New York Federal Court Pilots Mandatory Mediation Program for FLSA Cases

The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA). Effective October 3, 2016, any federal wage and hour cases that are assigned to Judges Abrams, Bricetti, Carter, Daniels, Ramos, Sebel, and Woods, will be ordered directly to mediation. The mediation … Continue Reading

NY Makes Significant Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently finalized a new rule that significantly changes how employers pay their employees through direct deposit and payroll debit cards. Even though the new regulation does not go into effect until March 7, 2017, Empire State employers should begin preparing for the effective date now, especially for … Continue Reading

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we looked at some of the principal trends likely to be shaped by federal regulators.  … Continue Reading

Emerging Labor & Employment Law Trends (Part 1)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. In the first part of this two-part series, we will take a look at some of the principal trends likely to be shaped … Continue Reading

NY Dept of Labor Proposes Drastic Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently published a proposed rule governing how employers pay their employees through direct deposit and payroll debit cards. While the majority of the proposed rule focuses on new requirements regarding the use of payroll cards, the proposal, if adopted, would also effectively require every Empire State employer … Continue Reading

Reminder for NYC Employers: Ban on ‘Caregiver’ Discrimination Has Taken Effect

On May 4, a New York City law barring discrimination against “caregivers” took effect. Specifically, the law prohibits employers from taking an adverse action (e.g., refusing to hire, firing, or demoting), or otherwise discriminating against an employee with respect to the terms and conditions of employment, based on the employee’s actual or perceived status as … Continue Reading

New York Announces Minimum Wage Increase and Paid Family Leave Program

For any New York employer who thought that the state’s workplace rules and regulations were too easy to comply with, I have good news for you. Empire State lawmakers recently announced an agreement on the 2016-2017 state budget that includes both a complicated, location-specific minimum wage increase, and a comprehensive paid family leave scheme that … Continue Reading

Reed Smith to Host a Conversation with the Commission on Human Rights about NYC’s New Background Check Law

On October 27, 2015, New York City adopted a so-called “ban the box” law, titled the Fair Chance Act, that severely restricts what employers can ask during the hiring process. Specifically, the Fair Chance Act prohibits most employers from inquiring about an applicant’s criminal record until after the employer extends a conditional offer of employment. … Continue Reading

NYC Mulls Bill Requiring Written Independent Contractor Agreements

The New York City Council, long-known for pushing the envelope when it comes to employment legislation, is at it again. The legislature is poised, in the near future, to pass a first-of-its-kind bill that would require written agreements between independent contractors and the entities that engage them (the Bill). The Bill would also impose substantial … Continue Reading

NYC Passes Bill Targeting Grocery Industry

The New York City Council’s targeted attacks on specific industries continue unabated. After levying onerous new labor law requirements on car washes this past summer, the Council recently turned its attention to the grocery industry, passing a bill dubbed the Grocery Worker Retention Act (the Act). The Act requires that successor grocery employers retain their … Continue Reading

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination Guidance

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill banning “caregiver” discrimination and then, just days later, issuing sweeping guidance regarding gender identity and expression discrimination. … Continue Reading

5 Things Every New York Employer Needs to Know Heading into 2016

2015 was a hectic year on the New York labor and employment law front, yielding mixed results for employers and, in many instances, creating more questions than answers. A myriad of state and local laws were proposed (and many passed into law), and a rash of federal and state court decisions have re-shaped an array … Continue Reading

NYC Employers Must Offer Pre-Tax Transportation Benefits Starting Jan. 1

Effective January 1, 2016, most New York City employers with 20 or more full-time employees will be required by law to offer those employees the opportunity to use pre-tax earnings to purchase qualified transportation fringe benefits, other than parking. Essentially, the new law – dubbed the Affordable Transit Act (the Act) – requires employers to … Continue Reading

New York Employment Law Roundup: October & November 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in October and November 2015: NYC Agency Issues Guidance on New … Continue Reading

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the Women’s Equality Act, which Cuomo first introduced back in 2013 in an effort to combat perceived workplace sex discrimination, among … Continue Reading

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect Today

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance Act or the Act). As we previously reported here, the Act prohibits employers from inquiring about a … Continue Reading

Reminder for N.Y. Employers: Multiple Minimum Wage Hikes Take Effect at Year’s End

As we are now in the final quarter of 2015, New York State employers should begin preparing for the many impending minimum wage increases – yes, there will be multiple increases – all of which take effect December 31, 2015. The details of each are discussed below. General Increase for Non-Exempt and Exempt Workers The … Continue Reading

New York Employment Law Roundup: July, August, & September 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of recent developments affecting Empire State employers. Here’s what happened during the period from July–September 2015: NYC Agency Issues Guidance on New … Continue Reading

Reminder for NYC Employers: Ban on Credit Checks Takes Effect Today

A new law restricting the pre-employment process takes effect in New York City today, September 3, 2015 (the Law).  As we previously reported, the Law bars most employers in NYC from requesting or considering, for employment purposes, a prospective or current employee’s “consumer credit history” – which means the creditworthiness, credit standing, credit capacity, or … Continue Reading

Miss Any of the Major Wage & Hour Law News this Summer? We’ve Got You Covered

Developments in wage and hour law made major waves for employers this summer. They include: (1) proposed new overtime regulations from the U.S. Department of Labor (DOL); (2) an announced crackdown by the DOL on employers who engage independent contractors; (3) new federal court standards for assessing whether unpaid interns should be paid like traditional … Continue Reading
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