Law and the Workplace

Tag Archives: new york

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $825 per week ($42,900 annually) to $975 per week ($50,700 annually) for New York … Continue Reading

SDNY Denies Approval in FLSA Settlement Based In Part on Overly Broad Non-Disparagement Clause

In its November 17, 2017 opinion in Galindo v. East County Louth, Inc. (No. 16 Civ. 9149), the Southern District of New York denied a motion to approve an individual FLSA settlement, including on the ground that the settlement agreement contained what the Court deemed to be an overly broad non-disparagement provision. In the settlement … Continue Reading

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

Leave of absence formWith the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well as a model waiver form. The forms are available on the WCB’s New York Paid Family Leave … Continue Reading

Guidance Issued on Taxability of Contributions and Benefits under New York Paid Family Leave Law

Leave of absence formThe New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018.  Among other details addressed, employee contributions under the PFLL shall be made on an after-tax basis, and benefits paid to … Continue Reading

[Podcast] The Proskauer Brief: New York State’s Paid Family Leave Law

Proskauer senior counsel Harris Mufson and associate Laura Fant provide an overview of New York State’s Paid Family Leave law and give some tips on how to prepare for its implementation. Many of our clients have been inquiring about this new law, set to go into effect in New York on January 1, 2018. The law will … Continue Reading

Final Regulations for New York State Paid Family Leave Law Adopted

Leave of absence formThe New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately. Long awaited by New York employers, the final regulations make several changes to the prior proposed regulations, which were issued by the Board in May and … Continue Reading

New York Paid Family Leave Final Regulations Still Awaited As Proposed July 1 Date to Begin Deductions Arrives

Leave of absence formAs 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 … Continue Reading

Maximum Employee Contribution Rate Announced for New York State Paid Family Leave Law

Leave of absence formAs we recently reported, the New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). Subsequently, on June 1, 2017, the New York State Department of Financial Services (“DFS”) issued a statement setting forth the maximum employee contribution rate for PFLL coverage … Continue Reading

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

Leave of absence formThe New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). As we previously reported, the Board issued initial proposed rules for implementation of the PFLL in February 2017.  The current revisions, which were issued on May 24, 2017 following the Board’s … Continue Reading

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

Second Circuit sealIn a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading

New York Regulations on Wage Payment Methods Declared Invalid

As we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  These regulations–to be codified in 12 NYCRR Part 192–were scheduled to take effect on March … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

Leave of absence formThe New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More Searching Judicial Review of Agency Decisions

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification.  Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to challenge employers in the “gig economy”—as well as in more traditional businesses—that rely heavily on contractors, freelancers, and other third-party service providers. … Continue Reading

New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption

The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to new levels that differ based on employer size and location. Effective December 31, 2016, the new salary thresholds in … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

The New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City.  … Continue Reading

Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit

In a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15‐3142‐cv–held that an award of liquidated damages under both the Fair Labor Standards Act and the New  York Labor Law with respect to the same violation was improper: [The Labor Law] does … Continue Reading

Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human Rights Law

Second Circuit sealThe Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York City Human Rights Law (“NYCHRL”).  The NYCHRL provides that punitive damages may be available where employers are found directly … Continue Reading

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses … Continue Reading

New York Minimum Wage to Reach $15 Per Hour

On March 31, 2016, lawmakers in Albany announced a budget agreement that would raise New York City’s minimum wage to $15 an hour by the end of 2018 for employers with at least eleven employees. Elsewhere in the state, the minimum wage will also rise, but more slowly. The minimum wage on Long Island and … Continue Reading
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