New law bans New York City employers from asking for salary history

by Charles H. Kaplan and Theresa M. Levine

Employers in New York City will be prohibited from asking applicants about their previous salary when an amendment to the New York City Human Rights Law (NYCHRL) goes into effect on October 31.

The amendment prohibits employers from asking about applicants’ wages, salaries, benefits, and other compensation history during the process of hiring or negotiating an employment contract. Also, the amendment prohibits employers from asking an applicant’s current or prior employer about wages and makes it unlawful for an employer to search publicly available records or reports to obtain an applicant’s salary history.

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New York City freelancer law to take effect May 15

by Zach Morahan and Shannon Kane

New York City’s new “Freelance Isn’t Free Act,” which goes into effect May 15, requires written contracts for many freelance jobs worth $800 or more and provides for stiff monetary remedies if the hiring party tries to avoid paying the freelancer for work performed.

Under the new law, a “freelance worker” means any person or organization composed of no more than one person who is hired as an independent contractor in exchange for compensation. Commissioned sales representatives and attorneys are excluded from the definition of freelance worker. The definition of “hiring party” excludes foreign, federal, state, and local municipalities.

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New York adopts higher salary thresholds for exempt employees

by Charles H. Kaplan
Sills Cummis & Gross P.C.

Employers in New York must increase the salaries of exempt executive and administrative employees by December 31 to meet the requirements of recently adopted regulations. Employers also must decide whether to increase exempt employees’ salaries each year to match annual increases required by the new regulations.

On December 28, the New York State Department of Labor (NYSDOL) adopted regulations that will increase the minimum salary thresholds for executive and administrative employees under the wage and hour provisions of New York state’s Labor Law. The Labor Law does not require a minimum salary for exempt professional employees.

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New York minimum wage going up on December 31

December 14, 2016 - by: Tammy Binford 0 COMMENTS

The first of a series of increases intended to bring New York’s state minimum wage to $15 an hour is set to go into effect on December 31.

As a result of a measure signed into law in April, the state will see minimum wage increases implemented on a regional basis. The state’s current basic minimum wage is $9 an hour.

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Categories: HR Hero Alerts / Minimum Wage / New York

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Columbia University decision latest NLRB victory for unions

August 24, 2016 - by: Tammy Binford 0 COMMENTS

Colombia university campus groundsThe National Labor Relations Board’s (NLRB) ruling that graduate student assistants at private colleges and universities are entitled to unionize is the latest Board action seen as a boon to union interests.

In a 3-1 decision issued on August 23, the Board ruled that graduate assistants at Columbia University are employees as well as students and may therefore be represented by a union. The ruling overturns the 2004 Brown University decision that determined that students working as teaching and research assistants should be considered students, not employees.

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New York, California gearing up for $15 minimum wage

April 05, 2016 - by: Tammy Binford 0 COMMENTS

On April 4, the governors of New York and California signed measures that will culminate in a $15 minimum wage phased in over the next few years.

Champions of the minimum wage increases say they are important to providing workers a living wage, but foes in both states predict job losses and business failures.

New York and California became the first states to pass a $15 minimum wage, but several cities around the country already have laws putting them on the road to a $15 minimum. The federal minimum wage is $7.25 an hour.

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New York Women’s Equality Act takes effect January 19

by Edward O. Sweeney

Several new laws that are part of New York’s Women’s Equality Act take effect on January 19, meaning employers need to understand the new protections related to equal pay, sexual harassment, and familial and pregnancy discrimination in the workplace.  Manager Balancing Out A Female And A Male Worker

One of the new laws amends New York state’s Labor Law § 194, commonly referred to as the Equal Pay Law. The law already requires employers to pay men and women equally for the same work unless they can show that the difference in pay is based on a seniority system, a merit system, a quantity or quality metric, or “any factor other than sex.” The new law replaces the “any factor other than sex” requirement with a “bona fide factor other than sex” requirement.

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Categories: HR Hero Alerts / New York

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End of 2015 marks beginning of New York’s fast-food wage increases

by Angelo D. Catalano

The first of a series of minimum wage increases for fast-food workers in New York is set to begin on December 31.  Counter Girl Serving

The increases survived a challenge from the National Restaurant Association when the New York Industrial Board of Appeals decided on December 9 that the state’s action to raise wages for fast-food employees was lawful. The restaurant organization, however, isn’t giving up and has vowed to take the issue to court, according to news reports.

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New York fast-food employers bracing for $15 minimum wage

July 24, 2015 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

New York fast-food workers may be celebrating the likelihood of a $15-an-hour minimum wage phased in over the next few years, but others are questioning the justification offered for the raise.kitchen of a chinese restaurant

A three-member wage board appointed by New York Governor Andrew M. Cuomo recommended the new minimum wage for fast-food workers July 22. It won’t take effect without an order from the state’s acting labor commissioner, which is expected.

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New York tipped minimum cash wage to rise to $7.50 an hour

by Charles H. Kaplan

Tipped workers in New York will see the minimum cash wage rise to $7.50 an hour on December 31, 2015, following a February 24 order by New York State Acting Commissioner of Labor Mario Musolino.

The order will reduce the tip credit to a $1.50 deduction from New York’s minimum wage of $9 per hour, effective at the end of the year. Governor Andrew M. Cuomo calls the increase necessary to keep full-time tipped workers from living in poverty. However, many employers view the rise in the minimum cash wage as counterproductive.

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