Law and the Workplace

Tag Archives: Payroll

New York State DOL Increases Upstate New York Minimum Wage, Proposes Hike in Upstate Minimum Salary for Exemption

By Allan Bloom on Posted in Salary basis, Wage and Hour
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions.  The annual increases are published by the Commissioner of Labor on or about October 1 of each year, and are based on percentage increases determined by … Continue Reading

What to Do When Your Timekeeping System Crashes

By Allan Bloom on Posted in Wage and Hour
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your non-exempt employees, particularly with a payroll processing deadline looming? The Governing Principles To properly pay overtime-eligible employees, … Continue Reading

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities (Updated Jan. 13, 2022)

By Allan Bloom on Posted in Class/Collective Action, FLSA, Wage and Hour
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well.  Also, … Continue Reading

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

By Allan Bloom and Rachel Philion on Posted in Wage and Hour
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

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

By Alex Weinstein and Connie Bertram on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
EEOC sealOn July 13, 2017, the House Committee on Appropriations signaled what could be a devastating blow to the future of the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  As you may recall, in February 2016, the EEOC released a rule – which was later revised – to amend the Form EEO-1.  The new rule … Continue Reading

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

By Allan Bloom on Posted in Wage and Hour
Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be used to purchase medical, vision, and dental benefits. Employees can decline to purchase medical benefits (say, because … Continue Reading

New York Regulations on Wage Payment Methods Declared Invalid

By Allan Bloom, Laura Fant and Ryan Hutzler on Posted in Wage and Hour
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

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
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

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

By Allan Bloom and Arielle E. Kobetz on Posted in Wage and Hour
With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are likely to face during weather-related or other emergencies, and the consequences under the wage and hour laws. “Our office was closed for … Continue Reading

New York Publishes Final Rules on Wage Payment Methods

By Allan Bloom and Ryan Hutzler on Posted in Wage and Hour
On September 7, 2016, the New York State Department of Labor published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  The regulations become effective on March 7, 2017. Direct Deposit New York first legislated the method of payment of wages … Continue Reading

Can I Pay with a Card? – Proposed Restrictions on NY Employers’ Use of Payroll Cards

By Michelle Gyves on Posted in Wage and Hour, Workplace Policies and Procedures
Payroll cards (i.e., debit cards onto which employee wages can be loaded) provide an alternative to more traditional forms of wage payment such as paper checks or direct deposit. Payroll card programs can offer cost-saving benefits to employers as well as benefits for employees, especially those who do not have personal checking accounts. These benefits … Continue Reading

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

By Daniel Saperstein and Joseph O’Keefe on Posted in Wage and Hour, Workplace Policies and Procedures
As noted in our past client alerts, whenever this notice is distributed to an employee, the employer must include an acknowledgment that the employee has received it, and has read and understood its terms. The acknowledgment must be signed by the employee, in writing or by means of electronic verification, and returned to the employer … Continue Reading

New Jersey Issues Spanish Translation of New Pay Equity Notice to Post and Distribute

By Daniel Saperstein and Joseph O’Keefe on Posted in Wage and Hour, Workplace Policies and Procedures
Proskauer recently issued a client alert on the release of New Jersey’s new pay equity notice in English. Now available on the New Jersey Department of Labor and Workforce Development Web site is the Spanish translation. As a reminder, covered employers must post and distribute the notice in English, Spanish, and any other language for which … Continue Reading

The Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

By Carolyn M. Dellatore, Daniel Saperstein, Joseph O’Keefe and Nicholas M. Tamburri on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination, the Conscientious Employee Protection Act and the Worker Freedom from Employer Intimidation Act. New Jersey’s employment discrimination laws are already among the most expansive in the country, so if this new … Continue Reading

New Jersey Issues Pay Equity Notice to Post and Distribute

By Daniel Saperstein and Joseph O’Keefe on Posted in Wage and Hour, Workplace Policies and Procedures
On September 19, 2012, New Jersey Governor Chris Christie signed A2647 into law requiring employers in the State of New Jersey with 50 or more employees to post and distribute a notice detailing “the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment” under … Continue Reading

New York State Amends Labor Law to Protect Child Models

By Allan Weitzman, Fredric Leffler, Jeremy M. Mittman, Katharine Parker and Marc A. Mandelman on Posted in Wage and Hour, Workplace Policies and Procedures
Runway and print models under the age of 18 are now considered “child performers” under an amendment to the New York Labor Law, Art. 4-A, §§ 150-154 signed by Governor Cuomo on October 21, 2013. This amendment is significant because it provides child models the same protections under the labor law as other young entertainers, including child … Continue Reading

More Practical Employment Law Issues Facing Government Contractors as the Federal Government Shutdown Continues

By Connie Bertram, Katharine Parker, Guy Brenner and Daniel Davis on Posted in Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
As the federal government shutdown enters its third week, it remains unclear when a deal will be forged. We have been helping government contractors navigate the difficult legal issues raised by the continued government shutdown and previously published an alert, Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown, … Continue Reading

New Jersey Pay Equity Measure Says No Reprisals Against Employees Requesting Information About Co-Workers

By Daniel Saperstein, Joseph O’Keefe and Kelly Anne Targett on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination (“LAD”) (hereinafter, the “amendment” or “law”). The amendment prohibits an employer from retaliating against any employee who requests information concerning the job title, occupational category, rate of compensation (including benefits), gender, … Continue Reading

Illinois Expands Employee Classification Act

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On July 23, 2013, Illinois Governor Pat Quinn (Dem.) signed into law two amendments to the Employee Classification Act, a law that regulates the classification of workers in the construction industry.  The Act imposes a three-pronged test to determine independent contractor status for individuals, along with a 12-part test for individuals operating as sole proprietors … Continue Reading

NJ Trucker Law

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On Thursday, May 30, 2013, the New Jersey Senate gave final legislative approval to a controversial bill to establish a presumption that port and parcel delivery truck drivers are employees of the companies for which they make deliveries.  If the bill is signed into law, such drivers will no longer be considered independent contractors – … Continue Reading

Connecticut IC Trucker

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On June 24, 2013, Connecticut Governor Dan Malloy signed into law the “Act Concerning Certain Motor Vehicles and Eligibility for Unemployment Benefits” after lawmakers unanimously approved the measure.  The law, which takes effect on October 1, will make it easier for independent truck operators in the state to be deemed independent contractors for purposes of … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK