Analysis and commentary by Reed Smith attorneys on developments in employment and labor law
This post was written by Cindy S. Minniti and Mark S. Goldstein.
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 May 2015:Continue Reading New York Employment Roundup: May 2015
This post was written by Cindy S. Minniti and Mark S. Goldstein.
With summer right around the corner, many high school and college students are preparing to begin unpaid internship programs at companies across the country. Such programs have long been considered a staple for U.S. businesses, as well as a valuable option for students seeking opportunities that will offer them real-world experience while opening doors in their sought-after career fields. But in recent years, these internship programs have come under intense scrutiny and fierce legal attack. Indeed, employers in a broad swath of industries have faced a veritable flood of class and collective actions challenging the legality of their unpaid internship programs.
Propelled by a continuously aggressive plaintiffs’ bar, these suits have attempted to hold companies liable under the federal Fair Labor Standards Act (FLSA) and parallel state laws under the theory that the sponsoring employers are unlawfully withholding minimum wage and overtime pay from their interns, while reaping the benefits of their “free” labor. Victory for the intern-plaintiffs in these suits means not only back pay with interest, but also hefty attorneys’ fees. Indeed, these suits have become so costly to defend that several high-profile companies have elected to discontinue their internship programs altogether.
So, with intern “season” upon us, let’s review whether your company’s internship program is compliant with applicable wage and hour laws, and, if not, what you can do to bring the program into compliance..Continue Reading Arrival of Intern Season Means Prep Work For Employers is Key
This post was written by Cindy S. Minniti and Mark S. Goldstein.
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 March and April 2015:
Minimum Wage Hike Suffers a Setback
New York lawmakers recently dealt a significant, but not necessarily fatal, blow to Gov. Cuomo’s plan to raise the minimum wage to $10.50 per hour (and to $11.50 in NYC). In late March, state legislators surprisingly omitted the proposed wage hike from the state’s upcoming annual budget. The debate over whether to yet again raise the state’s minimum wage – which is already slated to increase to $9.00/hour on December 31, 2015 – is now left to unfold in the State Assembly and Senate over the next six weeks, until the 2015 legislative session ends on June 17.
State Assembly Passes “Family Care” Leave Bill
On March 17, the State Assembly passed a bill that would provide up to 12 weeks of partially paid “family care” leave to employees statewide. Under the bill, employees would be able to take a leave of absence, and receive up to one-half of their regular wages: (i) to participate in providing care for a family member’s serious health condition; (ii) to bond with a newly born or newly adopted child; or (iii) because of any qualifying exigency, as interpreted under the Family and Medical Leave Act (FMLA), arising out of the active duty of certain family members. Like FMLA leave, the proposed state family care leave law would allow employees to take family care leave on an intermittent or reduced schedule basis.
The family care leave bill is now under consideration by the Republican-controlled Senate, which earlier this year recommended its own family leave law. That proposal would have provided employees with up to six weeks of leave, with partial pay, for certain qualifying exigencies, but would have required the state to fund the program, at least in the first year. Passage of a family care leave bill – in any form – is hardly a certainty and will likely take a backseat to other initiatives that Gov. Cuomo is supporting, such as the minimum wage increase and the Women’s Equality Act.Continue Reading New York Employment Roundup: March & April 2015
This post was written by Cindy S. Minniti and Mark S. Goldstein.
New York City employers who routinely use credit checks as part of the pre-employment process may be in for a rude awakening. Earlier today, the NYC Council passed legislation that bars most employers with four or more employees, as well as employment…
Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new 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 February 2015:
Likely Rise in Pre-Tip Minimum Wage for Tipped Workers …
As we previously reported, the New York State Legislature last June passed a Bill, intended to revitalize the Wage Theft Prevention Act (WTPA), that proposed significant changes to the state’s labor laws. Among other things, the Bill eliminated the requirement that employers furnish annual wage notices to employees between January 1 and February 1.…
This post was written by Cindy S. Minniti and Mark S. Goldstein.
On January 30, the wage board convened by Gov. Andrew Cuomo to examine the state’s current tip credit structure recommended that the state increase the pre-tip minimum wage to $7.50/hour for all tipped workers. The board recommended that the increase take effect…
This post was written by Cindy S. Minniti and Mark S. Goldstein.
Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest happenings, we will share regular summaries of recent developments affecting Empire State employers. Here’s what…
In early 2013, New York Governor Andrew Cuomo signed a bill that incrementally increased the state’s minimum wage from $7.25 per hour to $9 between December 31, 2013, and December 31, 2015. Less than two years later, the governor has unveiled a new proposal to further increase the state’s minimum wage. Indeed, just weeks after…
This post was written by Cindy S. Minniti and Mark S. Goldstein.
In June, we reported on a bill passed by the New York State Legislature that proposed significant changes to the state’s labor laws. Among other things, the bill eliminated the requirement that employers furnish annual wage notices to employees between January 1…