Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more
1/19/2024
/ Class Action ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Liquidated Damages ,
New York ,
Private Right of Action ,
Proposed Amendments ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
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
eyfarth Synopsis: Governor Kathy Hochul has signed a bill amending Section 590 of the New York Labor Law to require employers to provide employees, upon separation, with notice of their right to file for unemployment benefits...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
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more
9/11/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Off-The-Clock ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The New York City Council has passed a bill that prohibits employers from considering a person’s actual or perceived height or weight when making employment decisions....more
5/15/2023
/ City of New York ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Legislation ,
Wage and Hour
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: Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law § 191 is insufficient for standing under Article III of the United States...more
Seyfarth Synopsis: At the close of the New York State legislative session on June 2, 2022, the Senate and Assembly passed a variety of employment-related bills that are now waiting to be delivered to Governor Kathy Hochul. ...more
Seyfarth Synopsis: The New York State legislature has passed the Warehouse Worker Protection Act. The bill, which has yet to be signed into law by Governor Hochul, requires covered companies to disclose production quotas to...more
Seyfarth Synopsis: The Second Circuit held that dismissals without prejudice of FLSA claims are subject to the same judicial or agency scrutiny as dismissals with prejudice of FLSA claims....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: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...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: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
After a 7-hour hearing on May 6, 2020, at which it heard from a wide variety of interested stakeholders, the New York City Council’s Committee on Civil Service and Labor has a lot to consider regarding the proposed NYC...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
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: The NYSDOL recently announced that it will no longer pursue regulations that, if adopted, would have required most NYS employers to provide call-in pay to employees for hours they do not work under a...more
Seyfarth Synopsis: New York’s expanded list of permissible wage deductions has been extended until 2020.
...more
Seyfarth Synopsis: Democrats now control both houses of the New York Legislature as well as the Governor’s office. A host of new employment-related legislation may be in the offing, affecting matters such as wage...more
12/11/2018
/ Employee Privacy Rights ,
Equal Pay ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Reproductive Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Deductions ,
Whistleblower Protection Policies
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
The New York City Department of Consumer Affairs has released a model Notice of Employee Right and Frequently Asked Questions regarding its new Temporary Schedule Change Law that went into effect last week. Employers should...more
Effective July 18, 2018, New York City employers must grant two temporary schedule changes per year to eligible employees for certain qualifying “personal events.” Unlike other bills which were a part of the NYC Fair...more