Tag Archives: new york

Executive Order Issued by Governor Cuomo Prohibits State Agencies From Asking Applicants About Prior Salary History to Help Ensure Pay Equity

On January 9, 2017, New York State Governor Andrew Cuomo issued an executive order aimed at ensuring pay equity. The executive order prohibits the State from asking job applicants about their current or previous compensation history until a conditional offer of employment with compensation has been extended. Such measures have become increasingly popular in employee-friendly … Continue Reading

Minimum Wages To Rise On Both Coasts

Over the past few years, numerous states and municipalities have increased the statutory minimum wage.  Further, through Executive Order, President Obama increased the federal minimum wage applicable to federal contractors.  Consistent with this trend, the governors of both California and New York have now reached new legislative deals with their respective legislative branches which provide … Continue Reading

The Confusing Array of Wage Hour Developments Impacting New York State Employers’ Wage and Hour Compliance

In prior posts, we have summarized the New York State Department of Labor’s most recent rulemaking processes, comprised of two separate wage boards. The first, in 2014, addressed the hospitality industry as a whole, while more recently, in 2015, another highly publicized wage board addressed the subset of that industry deemed “fast food.” Employers should … Continue Reading

New York’s Fast Food Wage Board Confirms: $15/Hour

In a televised meeting this afternoon, New York’s recently-convened Fast Food Wage Board confirmed industry employers’ fears and announced its unanimous recommendation that the wage for “fast food employees” in “fast food establishments” be increased to $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the rest of New … Continue Reading

New York Introduces Regulations Concerning Use of Payroll Debit Cards

Like many states before it, New York today published new proposed regulations to provide “clarification and specification as to the permissible methods of payment [in New York], including [the use of] payroll debit cards.”  The proposed regulations require voluntary consent from employees paid pursuant to such a program, and set minimum program requirements for feeless … Continue Reading

New York “Fast Food Wage Board” Formally Convened

Responding to the Governor’s directive, Acting State Labor Commission Mario J. Musolino has empaneled a Wage Board to recommend a minimum wage increase for the fast food industry. Commissioner Musolino issued a determination regarding the inadequacy of the current minimum wage which states, “I am of the opinion that a substantial number of fast food … Continue Reading

Governor Cuomo Announces Wage Board to Review “Fast-Food Industry” Minimum Wage

In an op/ed piece appearing in yesterday’s New York Times, New York Governor Andrew Cuomo announced he would direct the Commissioner of Labor to convene a new Wage Board “to examine the minimum wage in the fast-food industry” in New York state. The Commissioner’s announcement follows on the heels of a separate op/ed suggesting this … Continue Reading

New York Wage Board Issues Recommendation Regarding Tip Credit

Completing its task assigned by former Commissioner of Labor Peter Rivera, the current New York Wage Board has issued its recommended findings to the Commissioner with respect to tip credit issues.  Most importantly for hospitality employers – an industry sector which includes many small, low-margin businesses – if approved by the Commissioner, the available tip … Continue Reading

New York State Court Reiterates That Commissions Are Not Wages Until Earned

Ensuring contracts and agreements reflect when incentive compensation – usually “commissions” – is earned is of paramount importance to New York employers who wish to maximize their rights, as evidenced by a recent decision from New York County Supreme Court Justice Ellen M. Coin.  Sherwin v Mestel & Co. N.Y., LLC, 2014 N.Y. Misc. LEXIS … Continue Reading

Second Circuit Reaffirms Prior Ruling Regarding Davis Bacon Contract Claims

In 2003, the United States Court of Appeals for the Second Circuit (which encompasses New York) ruled that workers on projects covered by the federal Davis Bacon Act could not assert contract claims as alleged “third party beneficiaries” of Davis Bacon construction contracts, as permitting such claims would undermine Congress’ intent in electing not to … Continue Reading

Building Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 Class Actions

While this blog’s focus generally is on the substantive provisions of the Fair Labor Standards Act and state wage-and-hour laws, due to the prevalence of class action litigation, it is sometimes necessary to address procedural issues of importance to wage and hour litigation, such as arbitration agreements. Another important procedural facet of many wage-and-hour litigations is … Continue Reading

New York Enacts State-Wide “Wage Theft” Act

On December 13, New York Governor David Paterson signed into law the “Wage Theft Prevention Act,” a bill which provides new and expanded protections for workers under the New York State Labor Law.  Among other provisions, the new law (which takes effect in 120 days) includes the following provisions: ·         An increase in the liquidated … Continue Reading

New York Construction Industry Misclassification Law Takes Effect – Provisions Include Required Posting

As previously discussed here, the New York legislature recently enacted the Construction Industry Fair Play Act. The law is effective tomorrow. In sum, the law provides that an individual providing services in the construction industry only qualifies as an “independent contractor” under the Act, if s/he meets the following test: (1) [the worker] is free from control … Continue Reading

Municipal Sick Pay Ordinance Update

While wage-and-hour compliance programs traditionally focus on FLSA and, as regularly discussed in this space, any applicable state laws, county and municipal governments also have the right to impose additional requirements. See previous post here. Two proposed municipal laws which would mandate that employers provide paid sick leave to employees hit snags last week. In Milwaukee, a … Continue Reading
LexBlog