Labor Law

NEW YORK STATE’S MINIMUM WAGE INCREASES

As of December 31, 2015, New York State’s minimum wage is now $9.00 per hour. The minimum wage for “tipped” employees in the hospitality industry is $7.50 as of December 31, 2015. The minimum wage for tipped employees in all other industries, except the building service industry, is $7.65 per hour when tips total at …

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GOVERNOR CUOMO SIGNS BILL ELIMINATING CERTAIN PORTIONS OF THE WAGE THEFT PREVENTION ACT

Notice of Pay Rate On December 29, 2014, Governor Andrew M. Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc.  Legislative leaders and the Governor have agreed to make this change effective …

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OSHA AND NLRB TEAM UP AGAINST EMPLOYERS

Earlier this year, the Occupational Safety and Health Administration (OSHA) decided that it will refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA). Background In March 2014, David Michaels, OSHA’s Assistant Secretary of Labor, signed a memorandum stating the agency …

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NATIONAL LABOR RELATIONS BOARD PROPOSED RULES WOULD STREAMLINE UNIONIZING

             Earlier this summer, the National Labor Relations Board (NLRB) proposed new rules regarding workplace unionization elections.  Specifically, the new rules would: provide for electronic filing of election petitions and other documents;  ensure that employees, employers and unions receive and exchange timely information all parties need to understand and participate in the representation case process; standardize …

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NATIONAL LABOR RELATIONS BOARD ISSUES FINAL RULE REGARDING NOTIFYING EMPLOYEES OF THEIR COLLECTIVE BARGAINING RIGHTS

            The National Labor Relations Board (NLRB) has issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice.  This rule is scheduled to take effect on November 14, 2011.              The notices explain the right to unionize under federal law, …

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NATIONAL LABOR RELATIONS BOARD PROPOSES NEW POSTING RULE

          The National Labor Relations Board (NLRB) just announced a proposed rule requiring businesses to post notices in break rooms to inform employees of their right to bargain collectively, distribute union literature or engage in other union activities without reprisal.  The purpose of the postings, according to the NLRB, would be to increase knowledge of …

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NEW YORK STATE DOMESTIC WORKERS BILL OF RIGHTS

          New York State Governor David Paterson signed the “Domestic Workers Bill of Rights” in late August, 2010.  The law took effect on November 29, 2010.          Under the law, a protected domestic worker is defined as a “person employed in a home or residence for the purpose of caring for a child, serving as …

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