The most wonderful time of the year often portends many legal hiccups for the unassuming business. And this year is no different. As the holiday season approaches and we turn the calendar to 2025, New York employers should...more
12/12/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
New York ,
NYDOL ,
Over-Time ,
Paid Time Off (PTO) ,
Pregnancy ,
Retail Market ,
Salaried Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: New York State formally adopted regulations increasing the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employee under the New York Labor Law. Employers...more
12/28/2023
/ Employees ,
Hiring & Firing ,
Labor Reform ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws ,
Threshold Requirements ,
Unpaid Overtime ,
White-Collar Exemptions
Seyfarth Synopsis: We recently reported here that New York adopted an increased salary threshold of $1,300 per week for determining whether an employee serves in an “executive,” “administrative,” or “professional” capacity...more
New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”)....more
10/6/2023
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
New York ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the...more
Seyfarth Synopsis: Beginning January 1, 2024, the minimum wage across New York State will gradually increase to account for the rising cost of living....more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021....more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2018, with large employers in New York City being the first to hit...more
Seyfarth Synopsis: The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or “PAID”— to facilitate the resolution of overtime and minimum wage claims under the FLSA...more
4/5/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State and Local Government ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum...more
Seyfarth Synopsis: New York employers are facing a host of changes in 2018, including an increase to the minimum salary amounts for exempt status and increases in the minimum wage.
...more
Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more
Seyfarth Synopsis: New York employers are facing a host of changes in wage and hour regulations for 2017: an increase to the minimum salary amounts for exempt status; increases in the minimum wage; and changes in the amount...more
With employers about to ring in 2017, the New York State Department of Labor—with only two days to spare—has finalized regulations to increase the salary threshold for exempt status. The regulations, originally introduced on...more
As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more
10/25/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Proposed Legislation ,
Uniforms ,
Wage and Hour ,
Wage Orders ,
White-Collar Exemptions
Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more
10/22/2015
/ Class Action ,
Collective Actions ,
Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Hospitality Industry ,
Minimum Wage ,
Resorts & Restaurants ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern...more
9/17/2015
/ Class Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Minimum Wage ,
Multi-Factor Test ,
Nurses ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour