Labor Law

DOL Says Certain Gig-Economy Workers Aren’t Employees

According to a recent opinion letter from the U.S. Department of Labor (USDOL), at least some gig-economy workers who find jobs through smartphone apps—such as drivers for ride-hailing services—are not covered by the federal Fair Labor Standards Act (FLSA). The distinction between an employee and an independent contractor is significant: Employees are entitled to minimum …

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Equal Pay Protections Expanded

In late 2019, New York State expanded equal pay protections to employees of all classes and characteristics covered by the State’s anti-discrimination in the workplace law. As a result, pay discrimination claims can be based not only on gender, as the prior law had mandated, but also age, race, creed, color, national origin, sexual orientation, …

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Salary Threshold for Exempt Employees Increased as of December 31, 2019

In order to be considered exempt from overtime in New York State, an employee must earn a minimum salary. That minimum has increased as of December 31, 2019. In 2020, in order to be considered exempt from overtime, an employee working for a New York City employer will have to earn a minimum of $1,125 …

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Federal Overtime Threshold Increases on January 1, 2020

Effective January 1, 2020, the federal white-collar exemption, which was $455.00 per week ($23,660.00 annually) in 2019, will be raised to $684.00 per week ($35,568.00 annually).  Any employee under the $35,568.00 limit will be deemed a non-exempt, hourly wage earner eligible for overtime.  In addition, the threshold for the exemption for highly compensated employees – …

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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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