The fluctuating workweek half-time overtime option has been available for many years under federal law as a way for employers to reduce their overtime costs for employees who work different hours each week. The option requires that the employee be paid a fixed minimum amount weekly regardless of the number of hours worked. Then, if that number of worked exceeds 40, the employer may pay overtime on a half-time of the regular rate of pay basis (determined each week overtime is worked).
NY passed a new law this year that applies to employees that are victims of domestic violence. This law requires employers to provide victims reasonable time off from work to seek medical attention for himself or herself for the injuries caused by domestic violence, to receive services from a domestic violence shelter or program or a rape crisis center, to obtain psychological counseling, to participate in safety planning or other activities to increase the victim’s safety in the future, to receive legal services, assist in the prosecution of the perpetrator, or to appear in court in rela
Observers noted a sharp divide among the United States Supreme Court Justices during oral argument of three cases before them on October 8, 2019. At issue before the Court was whether the prohibition against discrimination on the basis of “sex” in federal Title VII includes protection from discrimination for the LGBTQ community.
The federal government has announced the new salary requirements for employees to be exempt from overtime pay under federal law. The new salary threshold is $35,568 annually or $684 weekly.
Historically, gig workers (think Uber drivers, InstaCart, Doordash) have been classified as independent contractors, allowing companies to avoid having to pay benefits or minimum wage and overtime. This may change sooner than you think. Just last week, California got one step closer to making it harder for companies to classify these individuals as independent contractors. While the bill still must be signed into law, experts believe that this is inevitable. New York Gov.
Under the federal Fair Labor Standards Act, employers who agree with employees who work a fluctuating number of hours each week to pay them a base salary regardless of the number of hours worked, are then able to pay those employees half-time for their overtime hours. This somewhat unknown, and not often used, structure generally saves employers money and gives employees the certainty of the salary during weeks working less than 40 hours.
The New York State Department of Financial Services (“DFS”) Superintendent revealed the new Paid Family Leave (“PFL”) benefit and employee contribution rates on Friday August 30. By law, those on PFL will receive up to 60% of the New York State average weekly wage (which the DFS set at $1,401.17 for 2020), for the up-to-10 weeks of PFL taken during the year. Accordingly, most employees who take PFL in 2020 will receive $840.70 per week, up about $100 from 2019, and it will be interesting to see if more employees seek to take it.
On June 25, we wrote about new anti-harassment legislation that we expected Governor Cuomo to sign into law. On August 12, he did, in fact, sign that legislation and expanded the definition of what is considered legally actionable harassment in the workplace. The traditional standard that harassment must be “severe and pervasive” will no longer apply. Now, a complainant must show that the conduct in question rises above the level of “petty slights and trivial inconveniences.”
Additional changes are:
Continuing with its’ busy employment legislation season, New York has amended the Human Rights Law to prohibit discrimination based on religious attire, clothing and facial hair. The law becomes effective on October 8, 2019. The law already prohibited employers from treating applicants or employees differently because of their religion, but the amendment makes clear that the definition of religion includes bias against any employee’s religious clothing, facial hair or attire.
The recent sad and tragic accident involving a young boy’s death at an outdoor grease trap at a local coffee shop brings to mind the duties employers have regarding safety. Beyond the moral duty to protect their employees and others, the legal sources of those duties can be federal, state or local as in the Occupational Safety and Health Administration (OSHA), the State Department of Health (NYSDOH) or the County Department of Environmental Services (DES) respectively.
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A new statute set to take effect on April 9, 2011, New York's "Wage Theft Prevention Act", requires that employers provide significantly more information to employees regarding wages or risk facing increased civil, and in some cases criminal, penalties.
New York State has passed a Domestic Workers Bill of Rights which amends New York Labor Law and provides extensive protection to domestic workers. The law goes into effect on November 29, 2010. Please click on the link for further information.