On January 17, 2024, New York Governor Kathy Hochul released her proposed Executive Budget for fiscal year 2025. The budget includes proposed legislation that would amend the New York Labor Law to confirm that liquidated damages are not available as a remedy for a violation of Labor Law § 191(1)(a)(1), which requires—absent a waiver
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New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent
In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2024 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York employers to pay “manual workers” no less frequently than weekly. The decision, in Grant …
New York Finalizes Increases in Minimum Wage, Minimum Salaries for Exemption in 2024
On December 27, 2023, the New York State Department of Labor published a Notice of Adoption in the New York State Register, finalizing increases in the minimum wage and minimum salaries for exemption effective January 1, 2024.
The minimum wage for employees in New York City, Nassau, Suffolk, and Westchester counties increases to $16 per…
New York Enacts Statewide “Freelance Isn’t Free Act”
On November 22, 2023, New York Governor Kathy Hochul signed into law a statewide “Freelance Isn’t Free Act” to provide certain protections for freelance workers. The act mirrors protections in New York City’s law of the same name, which took effect in May 2017.
Here are the highlights of the Freelance Isn’t Free…
Do We Have to Pay for That? Part 3—Employee Expenses
In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at the compensability of time spent by employees in COVID-19 vaccination, testing, and…
New York State Releases Updated Model Sexual Harassment Prevention Policy and Training
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we previously reported, the DOL published proposed changes to the model policy in January of this year, and the updated policy largely mirrors…