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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Changes to New York’s wage theft act bring good, bad news for employers

by Paul J. Sweeney

An amendment to New York’s Wage Theft Prevention Act (WTPA) removes a requirement that private-sector employers provide wage rate notices to current employees by February 1 of each year.

The WTPA requires private-sector employers to provide written wage rate notices to employees and imposes penalties for noncompliance. Until the change was signed into law on December 29, 2014, the written wage rate notices providing information on employees’ rates of pay or calculation of wages—as well as other wage- and benefit-related information—had to be issued by February 1 of each year.

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Rochester ban-the-box law to take effect November 18

by Edward O. Sweeney

Rochester, New York, will become the latest city to restrict employers’ ability to ask applicants about their criminal history when its ban-the-box ordinance takes effect November 18.

Since many employers are hesitant to hire applicants with criminal histories, states and cities have begun passing laws that restrict employers from including a check box on applications requiring applicants to disclose arrests and convictions.

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