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Wage & Hour Law Update

Category Archives: New York State

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New York Legislature’s Second “Fair Play Act” Enacted to Cover Commercial Goods Transportation Industry

On the heels of similar legislation passed in 2010 for the construction industry, and consistent with the state’s continuing focus on alleged misclassification of service providers as independent contractors, the New York state legislature recently passed the Transportation Industry Fair Play Act, N.Y. Labor Law § 862 et seq.  This legislation creates a “presumption of… Continue Reading

Second Circuit To Issue Important Guidance On Legal Standards Applicable To Unpaid Interns

Recognizing the need to provide clarity to the business community in light of voluminous litigation, the United States Court of Appeals for the Second Circuit recently agreed to hear appeals in the Fox and Hearst intern cases.  Glatt v. Fox Searchlight Pictures Inc., Case Number 13-2467, 11/26/13.  The Court will examine the different legal tests and… Continue Reading

New York’s New Miscellaneous Wage Order Tip Credit Provision to Impact Businesses Such As Car Washes and Salons

As discussed in greater detail here, the New York State Department of Labor’s revised Wage Orders, which were published in the administrative record on October 9, 2013 and set to become final by the time New York’s December 31 minimum wage hike becomes effective, implement a number of changes to the pay requirements and credits… Continue Reading

New York Department of Labor Provides Draft Wage Orders Implementing Minimum Wage Increase

The legislation setting forth a schedule for increasing New York’s minimum wage has numerous implications for the New York employer community. On October 9, 2013, the Department of Labor published proposed amended Wage Orders for all industries which are effective as of December 31, 2013.  The changes to the minimum wage implicate many facets of employee… Continue Reading

New York Department of Labor Finalizes Deductions Regulations

On the heels of the closure of the notice and comment period, during which the public and business community were invited to comment on the New York Department of Labor’s proposed regulations interpreting recently amended New York Labor Law 193 (governing permissible deductions from employee wages), the regulations have been finalized with an effective date… Continue Reading

New York City, State Legislatures Pass Bills

As expected, the New York City Council has overridden Mayor Bloomberg’s veto, making the Earned Sick Time Act law in New York City.  At the state level, the legislature has passed a measure called the Commercial Goods Transportation Fair Play Act.  Like its namesake the Construction Industry Fair Play Act, this measure addresses a specific… Continue Reading

New York Court of Appeals Issues Starbucks Tip Ruling

In a significant victory for New York employers, the New York Court of Appeals has now held that Starbucks’ tip splitting practices did not violate New York law. In answering the certified questions in In Re Starbucks, the Court held “an employee whose personal service to patrons is a principal or regular part of his… Continue Reading

Florida Prohibits Local Paid Sick Leave Ordinances

As widely reported, on May 8, 2013, the New York City Council passed the Earned Sick Time Act, providing time off for illness, either paid or unpaid depending on an employer’s size, to certain employees who work a minimum of 80 hours in a calendar year.  While Mayor Bloomberg has vetoed the Act as a… Continue Reading

Text of NY Minimum Wage Bill Finalized

The text of the New York legislature’s proposed minimum wage increase confirms increases as previously reported: ·         $8.00 on and after December 31, 2013 ·         $8.75 on and after December 31, 2014 ·         $9.00  on and after December, 2015. Per the language of the amendment, the minimum wage requirements for food service workers and other… Continue Reading

New York City Poised To Enact Paid Sick Days

New York City is expected to join the ranks of the growing number of jurisdictions which require private sector employers to provide paid sick days to employees.  The legislation, which is expected to be passed shortly by the City Council, reflects a compromise between advocates for such legislation, opponents within the business community and Council… Continue Reading

Progress Towards NY Minimum Wage Hike

Reports indicate that the New York State legislature and Governor Cuomo have tentatively reached agreement regarding the terms of the anticipated proposed increase in the state’s minimum wage. As portrayed in news coverage, the latest proposal would increase the minimum wage to $8/hour in 2014, $8.75/hour in 2015 and $9/hour by 2016, but not tie further… Continue Reading

New York Judge Rejects Interns’ Novel Argument That Paying School Tuition Is An Indirect Wage Deduction

In the latest chapter in the ongoing intern battles currently being waged in the United States District Court for the Southern District of New York, Judge Harold Baer rejected plaintiffs’ novel assertion of unlawful wage deductions. Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 3768 (S.D.N.Y. Jan. 9, 2013). The Wang litigation concerns the applicability of the… Continue Reading

WTPA Damages Provision Not Retroactive

New York’s Wage Theft Prevention Act does not apply retroactively to violations occurring before the April 2011 effective date (regardless of whether suit already had been filed or not), according to a decision from the Eastern District of New York. Quintanilla v. Suffolk Paving Corp., 2012 U.S. Dist. LEXIS 132469 (E.D.N.Y. Sept. 17, 2012). The Court… Continue Reading

Governor Cuomo Signs Into Law Amendment to NY Deductions Statute

Governor Cuomo has signed into law the recently-passed bill amending New York Labor Law § 193. Based on the signature date of September 7, the new law – expanding the scope of permissible deductions under Section 193 to include, among other things, recoupment of overpayments to employees – takes effect on November 6, 2012. At present, the… Continue Reading