On February 13, 2026, Governor Hochul signed the chapter amendment to the Trapped at Work Act, expanding the scope of the Act while setting forth new exceptions. As we reported previously, in 2025 the legislature passed the...more
New York Governor Kathy Hochul recently announced a proposal to eliminate state income taxes on a portion of tipped income, signaling a significant policy development with meaningful implications for New York employers,...more
1/26/2026
/ Employer Responsibilities ,
Income Taxes ,
New Legislation ,
New York ,
One Big Beautiful Bill Act ,
Proposed Legislation ,
Reporting Requirements ,
State Taxes ,
Tax Deductions ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued an opinion letter (FLSA2026-4) clarifying how employers should apply the Fair Labor Standards Act’s (FLSA) Section 7(i) overtime exemption for...more
1/8/2026
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
New Guidance ,
Over-Time ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
As previously covered, the New York Legislature voted in favor of the Trapped at Work Act in July 2025. As passed by the New York Legislature, the Trapped at Work Act would broadly prohibit use of promissory notes that...more
1/7/2026
/ Contract Terms ,
Employee Benefits ,
Employment Contract ,
Loan Repayment Issues ,
New Legislation ,
New York ,
Penalties ,
Promissory Notes ,
Proposed Legislation ,
Regulatory Requirements ,
State Labor Laws ,
State Legislatures ,
Tuition
Whether you’re planning to serve turkey or tofu during the holidays, we’re serving up notable rate-related developments since our mid-year update, along with known nonexempt and exempt employee rate changes that will take...more
Earlier this month, New York State raised the maximum weekly unemployment insurance benefit by almost 73%, increasing it from $504 per week to $869 per week. According to the New York Department of Labor (NY DOL), benefits...more
In a significant development for employers across the Empire State, the New York Legislature passed Assembly Bill A584B/S4070B in the final days of the 2025 session. This bill is known as the “Trapped at Work Act” and would...more
On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more
In a significant shift in labor law enforcement, states and localities across the United States are increasingly treating wage theft not merely as a civil infraction, but as a criminal offense. This trend in certain...more
Summer is upon us. Beaches, barbecues, and wage increases for non-exempt, exempt, and tipped employees! While some might not be as thrilled about the last item, we are excited to help employers across the United States...more
On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard. In so doing,...more
1/17/2025
/ Appeals ,
Employee Rights ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Misclassification ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour
While Americans across the country headed to the polls to decide who would govern their country, state, county, or city, most decisions were already made concerning what minimum pay rate would govern the employment of...more
12/9/2024
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Minimum Salary ,
Minimum Wage ,
Salaried Employees ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
With the U.S. Department of Labor’s recent increases to the minimum salary or fee amount for certain exempt employees, many employers are reviewing the exemption status of their employees. In doing so, employers should be...more
8/12/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On June 28, 2024, the U.S. District Court for the Eastern District of Texas issued a limited injunction of the U.S. Department of Labor’s new regulations increasing the minimum salary that certain executive, administrative,...more
While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more
6/18/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
State Labor Laws ,
Tipped Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more
1/26/2024
/ Compensation & Benefits ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
New York ,
State Labor Laws ,
Wage and Hour
Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more
It’s time again for a look at scheduled state- and local-level wage increases that will take effect on January 1, 2024, along with some rate changes that occurred in late 2023 before publication. Employers can use this...more
11/30/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour ,
White-Collar Exemptions
Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the...more
11/1/2023
/ Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Over-Time ,
Pleading Standards ,
Unpaid Wages ,
Wage and Hour
It’s time again for our mostly rates-only update that summarizes scheduled state- and local-level wage increases throughout the summer and fall of 2023, along with some rate changes that occurred in 2023 before publication....more
In June of 2022, the New York legislature passed the Warehouse Worker Protection Act (WWPA) (A10020/S8922), which Governor Hochul signed into law on December 21, 2022. This legislation followed similar legislation in...more
3/8/2023
/ Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
New York ,
Quotas ,
Regulatory Agenda ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more
2/21/2023
/ City of New York ,
Criminal Liability ,
Criminal Prosecution ,
District Attorneys ,
Employer Liability Issues ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Larceny ,
Local Ordinance ,
New York ,
Regulatory Agenda ,
Wage and Hour ,
Wage Theft
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we summarize scheduled state- and...more
Earlier this year, Governor Kathy Hochul signed into law S.812B/A.2035B, which amended the New York State Human Rights Law, N.Y. Exec. Law § 296, to require the establishment of a state-wide, toll-free, confidential hotline...more