Employment Law Alert

Employment Law Alert

News and Updates on Employment Law

Tag Archives: New York Labor Law

Minimum Wage Increased in New York and New Jersey; Salary Basis Requirements Increased in New York

Posted in Wage & Hour
All employers operating in either New York or New Jersey should take note that -- effective immediately -- the minimum hourly wage for non-exempt employees has increased. In New York, the minimum wage is now $8.00 per hour. In New Jersey, the minimum wage is now $8.25 per hour. In these states, employers must pay at least the new minimum hourly wage to non-exempt employees for each hour worked. Other than raising the hourly minimum wage, the changes do not alter the way that overtime is calculated… Continue Reading

Intern or Employee? – The Southern District of New York Offers Guidance

Posted in Wage & Hour
An employee by any other name is still an employee, even if that other name is "intern." On June 11, 2013, the District Court for the Southern District of New York granted summary judgment to several former unpaid interns of Fox Searchlight Pictures, holding that they were, in fact, employees entitled to wages under the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL")… Continue Reading

New York Expands Scope of Permissible Deductions From Employee Wages

Posted in Wage & Hour
Effective November 6, 2012, amendments to Section 193 of the New York Labor Law ("NYLL") will expand the list of items that private sector employers may deduct from employee paychecks to include, among other things, repayment of pay advances and overpayment of wages. Employers will welcome this amendment to the current version of the law, which limits permissible deductions only to those made for United States bonds, insurance premiums, pension contributions, charitable donations, and payments due to labor organizations (such as union dues)… Continue Reading

New York Wage Theft Prevention Act Notification Deadline is February 1

Posted in Wage & Hour
In January and May 2011, we reported on a series of changes to New York Labor Law contained within the Wage Theft Prevention Act ("WTPA"). These changes are now applicable to all New York private-sector employers (including charter schools, private schools, and not-for-profit corporations). Affected New York employers must provide all employees with written pay notices at the time of hire on or before February 1 in each year… Continue Reading

New York Employers Must Comply with Wage Theft Prevention Act Effective April 12, 2011

Posted in Wage & Hour
On December 14, 2010, New York Governor David Patterson signed the Wage Theft Prevention Act ("WTPA"), a new law that significantly changes the wage and hour landscape for all New York employers. This amendment to the New York Labor Law targets those employers who engage in "wage theft" by underpaying employees. In application, however, the WTPA will affect all New York employers by imposing burdensome notification and recordkeeping requirements, expanding the scope of penalties for violations, and increasing opportunities for employment litigation through strengthened anti-retaliation provisions. In compliance with these new amendments, New York employers will need to amend their payroll practices on or before April 12, … Continue Reading
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