The New York State Legislature was certainly busy during 2007, especially when it came to employment and labor law issues. The following are some of the major changes which occurred in the employment and labor law field in 2007.

NURSING MOTHERS

Employers must now make a reasonable effort to provide nursing mothers with a private location, other than a bathroom, to express milk. This “accommodation” must be given to a nursing mother up to three (3) years after the birth of the child.

Unpaid break time, meal time or paid break time should be made available. In addition, employers must not discriminate against employees who take time off to express breast milk or request time to do so.

COMMISSIONED SALESPEOPLE

Effective October 16, 2007, a commissioned salesperson must have a written agreement stating how a commission is earned and payable. The agreement must explain how earnings, including draws, salary, etc. are calculated, as well as the frequency of reconciliation if it provides for a recoverable draw. In addition, the agreement must set forth the payment procedure following termination.

The agreement must be signed by the employer and employee, and must be kept by the employer for a period of three (3) years. It must also be made available to the New York State Department of Labor upon request.

A “commissioned salesperson” is defined as any employee whose principal activity is the selling of any goods, merchandise, real estate, securities, insurance or any other article or thing and whose earnings are based in whole or in part on commissions. It does not include an employee whose principal activities are supervisory, managerial, executive or administrative in nature.

If the employer fails to make or keep a written agreement, the law states that the employee’s version of the facts will be presumed accurate.

BLOOD DONATION

Employers with twenty (20) or more employees must give three (3) hours leave every twelve months to employees who wish to donate blood, provided the employee works at least twenty (20) hours per week. Employers who fail to do so, or who retaliate against employees who attempt to exercise their rights under this law, face civil and criminal penalties.

The statute does not define how the twelve-month period is to be calculated (e.g. calendar year, fiscal year, or rolling twelve month period). Nor does the statute state whether the leave should be paid or unpaid. The New York State Commissioner of Labor is authorized to establish guidelines on this new law, which should answer such questions, but has not yet done so. Whichever twelve (12) month period you establish, you should make certain that is applied to all employees consistently.
In addition, keep in mind that under federal guidelines, if an employee is exempt from overtime, the leave must be paid in order to retain the employee’s exempt status.

ACCRUED WAGES AND BENEFITS

Several provisions which formerly applied only to employees earning $600.00 or less per week have been expanded to employees earning $900.00 or less. This includes imposing a criminal penalty on employers who fail to pay expense reimbursements or other earned or accrued benefit(s) or wage supplement(s) within thirty (30) days of when they are due. It also includes the requirement for having a written agreement for the direct deposit of salary for executive, administrative or professional employees.