Wage and Hour Issues

NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT

A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities.  In 2015, women earned …

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FEDERAL COURT PUTS A BRAKE ON NEW OVERTIME RULES

A federal district court in Texas has issued a preliminary injunction regarding the United States Department of Labor’s (USDOL’s) new federal overtime rule.  The new rule, which is set to double the Fair Labor Standards Act’s (FLSA’s) salary threshold for employees deemed exempt from overtime pursuant to the executive, administrative, and professional exemptions, was set to go …

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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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NEW YORK MINIMUM WAGE SET TO RISE ON JANUARY 1, 2015

As we head into the end of 2014, New York State employers should begin preparing for the minimum wage hike. On December 31, 2014, the statewide hourly minimum wage for non-exempt (i.e., hourly) employees will rise from $8.00 to $8.75 (and then to $9.00 on December 31, 2015).  Just as significantly, the minimum weekly salary for certain exempt employees …

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MOBILE DEVICES AND OVERTIME

Under the federal Fair Labor Standards Act (FLSA), nonexempt employees must be paid overtime compensation for work they perform for their employer’s benefit in excess of forty (40) hours in any workweek. Work performed remotely, such as responding to e-mails on a smartphone or drafting a report on a laptop at home, could push an employee’s work hours …

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NEW YORK LAW ON UNEMPLOYMENT TAXES TOOK EFFECT ON JANUARY 1, 2014

A new law which went into effect on January 1, 2014, increased New York employers’ contributions to the state’s unemployment compensation program. Earlier in 2013, legislation was enacted in response to the insolvency of the Unemployment Insurance Trust Fund and the state’s need to repay $3.5 billion borrowed from the federal government to cover increased …

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THREE RESTAURANTS IN NASSAU AND WESTCHESTER COUNTIES ORDERED BY UNITED STATES’ DEPARTMENT OF LABOR TO PAY OVER $1 MILLION TO 225 UNDERPAID EMPLOYEES

A chain of three full-service restaurants in Nassau and Suffolk Counties, and their president, will pay $1,085,752 in back wages, interest and liquidated damages to 255 employees, according to the terms of consent judgments obtained in federal court by the United States Department of Labor.  Asian Moon Restaurant of Massapequa Park Inc., Asian Moon Restaurant …

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AMENDMENT TO NEW YORK STATE LABOR LAW §193

New York State Labor Law §193 has been amended to  greatly expand the deductions an employer can make from an employee’s wages.  This amendment became effective on November 6, 2012. Until these amendments went into effect, New York employers were prohibited from deducting monies from an employee’s wages, with two narrow exceptions: Deductions authorized or …

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WHEN IS PRE-EMPLOYMENT TRAINING COMPENSABLE?

            Pre-employment training is a generally not covered by the FLSA, and thus not compensable.  Depending on the structure of such a program, its participants may not even considered “employees”, and thus may not be covered by the FLSA.  That determination will depend on all the circumstances surrounding the individual’s “training.”             The United States …

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