The U.S. Department of Labor (DOL) recently released a final rule sharply increasing the minimum salary thresholds for the “white-collar” overtime exemptions under the federal Fair Labor Standards Act (FLSA) applicable to...more
Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years.
In a victory for New York employers, the Appellate Division, Second...more
A Year in Review: Notable Labor and Employment Law Developments of 2022 -
The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more
1/4/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employee Monitoring ,
Fair Labor Standards Act (FLSA) ,
Health and Essential Rights (HERO) Act ,
Minimum Wage ,
New Legislation ,
New York ,
NLRB ,
Notice Requirements ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
As of September 17, 2023, most private-sector employers in New York State will be required to post a job description and pay range for any job opening, promotion or transfer opportunity the employer advertises.
Governor...more
As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more
11/17/2022
/ Certifications ,
City of New York ,
Department of Labor (DOL) ,
Enforcement ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Human Rights ,
Job Ads ,
Pay Transparency ,
PERM ,
Prevailing Wages ,
Wage and Hour
MARCH 18 UPDATE:
Negotiations are continuing on a Federal relief bill. Updated reasons for leave under the Sick Leave Act are now:
1. the employee is subject to a Federal, State, or local quarantine or isolation...more
As noted in our previous Legal Alert, New York’s new “salary history ban” law took effect on January 6, 2020. New York State has now issued guidance on the law that clarifies certain aspects of the salary history ban.
In...more
1/15/2020
/ Best Practices ,
Employer Liability Issues ,
Exclusions ,
Hiring & Firing ,
Human Resources Professionals ,
Human Rights ,
Job Applicants ,
Municipalities ,
Pay Equity Laws ,
Salary/Wage History ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour
Under the Fair Labor Standards Act, non-exempt employees must receive one and one half times their regular rate of pay for all hours worked over forty in a work week. The “regular rate” is generally calculated by dividing...more
12/27/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fringe Benefits ,
Non-Exempt Employees ,
Popular ,
Rate of Pay ,
Wage and Hour
On September 24, 2019, the United States Department of Labor (“DOL”) released the long-awaited revised rule regarding overtime exemptions under the federal Fair Labor Standards Act (“FLSA”). The rule makes adjustments to the...more
The legal updates keep coming for New York employers.
Under another recently signed amendment, victims of domestic violence will be entitled to expanded protections under the New York Human Rights Law. The amendment goes...more
Continuing a busy summer of changes, on July 29, 2019, Governor Cuomo signed an amendment to New York state’s Labor Law that adds protections for employees who complain of suspected wage-and-hour violations. The amendment is...more
On Thursday March 7, 2019, the United States Department of Labor ("U.S. DOL") proposed a new "overtime rule," which would raise the minimum salary level for employees under the Fair Labor Standards Act's "white collar"...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Trump Administration ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions
In what has become an annual tradition, New York state employers should once again take note of mandatory wage and salary increases that will take effect at year’s end. In addition, employers should be aware of the increased...more
12/21/2018
/ Americans with Disabilities Act (ADA) ,
Call-In Pay ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Insurance Rates ,
Minimum Salary ,
Minimum Wage ,
NYDOL ,
Over-Time ,
Paid Family Leave Law ,
Rescission ,
State Labor Laws ,
Wage and Hour ,
Wellness Programs
Earlier this month, the U.S. Department of Labor (DOL) published an updated set of Family and Medical Leave Act (FMLA) forms for employers’ use. The forms are virtually identical to prior forms. The new FMLA forms are...more
On April 2, 2018, the Supreme Court rejected the longstanding principle that Fair Labor Standards Act (“FLSA”) exemptions must be construed narrowly, holding that service advisors at a California automobile dealership are...more
4/9/2018
/ Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more
3/20/2018
/ Audits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Labor Law Violations ,
Minimum Salary ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State Labor Laws ,
Wage and Hour