The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally...more
The United States Department of Labor (DOL) issued its Final Overtime Rule (Final Rule) to raise the salary threshold level necessary to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and...more
Chicago’s Fair Workweek Ordinance imposes a sweeping, predictive scheduling obligation on employers to provide employees with advance notice of work schedules and pay employees “predictability pay” for late changes to an...more
8/5/2019
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Healthcare Workers ,
Hospitality Industry ,
Local Ordinance ,
Manufacturers ,
Restaurant Industry ,
Retailers ,
Wage and Hour ,
Work Schedules
New York State is poised to prohibit employers from relying on or inquiring about an applicant’s or employee’s wage or salary history.
An amendment recently passed by the state legislature would bar employers in New York...more
New York State will vastly expand the scope of its Equal Pay Act to cover all characteristics protected under the New York Human Rights Law, including age, race, creed, national origin, sexual orientation and disability....more
The New York State Assembly and Senate have passed a bill that would allow employees to obtain liens on their employers’ personal and real property when there are allegations that the employees were underpaid, even when the...more
Joining a trend sweeping the country, Connecticut lawmakers passed a bill that introduces a schedule to increase the minimum wage to $15 per hour by June 2023.
Gov. Ned Lamont signed the bill this morning, and employers...more
The Westchester County Board of Legislators has adopted a stand-alone safe leave law that provides victims of domestic violence and human trafficking additional time off for qualifying reasons. The safe leave provided for in...more
Westchester County's mandatory Earned Sick Leave Law is now in effect, prompting the County to publish a Notice of Employee Rights that must be provided to all new employees upon commencement of employment and to all existing...more
The Washington State Department of Labor and Industries (DLI) recently issued enforcement guidance concerning tips and services charges under the State’s Minimum Wage Act. The guidance confirms existing law and clarifies the...more
The U.S. Department of Labor (DOL) issued proposed rules that would update the regulations governing what forms of compensation are included and excluded from the calculation of overtime under the Fair Labor Standards Act...more
Employers of in-home health care aides in New York are allowed to compensate employees for only 13 hours of work in a 24-hour shift, given that aides are provided with adequate sleep and meal breaks. The New York Court of...more
The salary level necessary to classify an employee as exempt from overtime is set to increase by nearly 50 percent – from $455 per week to $679 per week – under the U.S. Department of Labor's proposed amendments to the...more
The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call”...more
The New York State Department of Labor has issued proposed regulations that would change the current rules for call-in pay across the state and add new requirements that employees be paid when their shifts are cancelled, they...more
New York’s Suffolk County has joined an ever-growing list of jurisdictions that ban pre-employment inquiries into and/or consideration of an applicant’s salary history. On November 30, 2018, Suffolk County Executive Steven...more
Employers in Washington DC now face a comprehensive set of new training, notice, and reporting obligations ranging from wage and hour matters to sexual harassment issues.
The Tipped Wage Workers Fairness Amendment Act of...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2018. Failure to comply with these requirements could subject an...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division reissued an Opinion Letter from 2009 that addresses whether and when employers may take a tip credit for employees who work dual jobs (e.g. as a server and a...more
Westchester County’s Board of Legislators recently adopted a sick leave law that affects most Westchester County employers. Westchester County’s recently adopted Earned Sick Leave Law (ESLL) is similar to New York City’s...more
The Earned Safe and Sick Time Act (ESSTA) was amended by New York City earlier this year to allow employees to use leave time required by the law for “safe time” and to expand the definition of a “family member” on whose...more
A federal appeals court has endorsed the U.S. Department of Labor’s (DOL) 80/20 Rule, which limits the ability of employers to take a tip credit towards their minimum wage obligations to tipped employees under the Fair Labor...more
9/25/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The New York City Department of Consumer Affairs (DCA) recently issued regulations regarding implementation of the city's new Temporary Schedule Change Law that include a notice requirement for employers. Although not...more
New York’s Paid Family Leave requirements are only six months old, but that has not stopped the Legislature from expanding the provisions of New York Paid Family Leave. As we noted in previous alerts, effective January 1,...more
As a reminder, effective July 18, 2018, New York City employers are required to accommodate employee requests for temporary schedule changes for employee “personal events.” This new requirement is in addition to any leave...more