As we have previously reported, on May 24, 2017, the New York Workers Compensation Board issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”).  While the public comment period for the proposed revisions closed on June 23, we are still awaiting publication of the final regulations.

The proposed regulations (in both their initial and revised forms) state that employers would be permitted to begin implementing the necessary wage deductions for employee contributions under the PFLL as early as July 1, 2017 (for coverage beginning on January 1, 2018).  However, with the July 1 date having arrived and no finalized regulations in place, employers are left in the tenuous position of having to decide whether to await publication of the final regulations before implementing the deductions or beginning the deductions as of July 1—a move that carries some risk in the event that the final published regulations take a different approach to when deductions may begin.

While it is relatively unlikely that the July 1 date will be changed in the final regulations (particularly as no change was made to the date between the initial proposed regulations and the May 24 revisions), employers should still proceed with caution in the absence of final word on the issue from the Workers Compensation Board.

We will continue to monitor this issue and report on any further developments.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.