The New York State Department of Labor (NYSDOL) recently posted answers to Frequently Asked Questions related to the new Fast Food Wage Order and increased state minimum wage for hospitality workers, both of which take effect on December 31, 2015. As previously covered here, the state minimum wage in New York will increase
New York State
New York City Enacts Municipal Office of Labor Standards; Office’s Initial Mandate Is To Enforce NYC Earned Sick Time Act
By Noel P. Tripp on
Posted in Leave, New York State
On November 30, 2015, New York City Mayor Bill De Blasio signed a bill establishing an “Office of Labor Standards,” to be headed by a Director appointed by the Mayor. The Office, once established, is tasked with “study[ing] and mak[ing] recommendations for worker education, safety and protection, educat[ing] employers on labor laws, creat[ing] public education…
New York Industrial Board of Appeals Upholds Fast Food Wage Order
By Noel P. Tripp on
Posted in Minimum Wage, New York State
In an eight-page decision dated today, New York’s Industrial Board of Appeals (the “IBA,” an arm of the state Department of Labor) upheld the Commissioner of Labor’s Fast Food Wage Order. In so doing, the IBA rejected challenges to the Order from the National Restaurant Association based on: 1) the composition of the Fast…
Industrial Board of Appeals Hears Arguments Regarding New York Fast Food Wage Order
By Noel P. Tripp on
Posted in New York State, Tips
Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would…
Prominent NY Restaurateur Eliminates Tipping
By Noel P. Tripp on
Posted in Minimum Wage, New York State
As New York’s hospitality industry prepares for a reduced tip credit and a fast food minimum wage, one New York restaurateur has announced its intention to eliminate tipping and thus, by extension, use of the tip credit: New York City’s Danny Meyer. This lengthy Eater feature discusses Meyer’s audacious new Hospitality Included program, noting…
New York Federal Court Finds Business Properly Classified Translators As Independent Contractors
By Noel P. Tripp on
Posted in Coverage, New York State
This month, two New York federal judges reviewing a claim of misclassification rejected a claim for overtime compensation, agreeing that a business properly classified two translators as independent contractors rather than as “employees” under the Fair Labor Standards Act and the New York Labor Law. See Mateo v. Universal Language Corp., 2015 U.S. Dist.…
NY Commissioner of Labor Adopts Fast Food Wage Board Report
By Noel P. Tripp on
Posted in Minimum Wage, New York State
Today, Acting Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s July recommendations, in an Order available here. The Order takes effect within thirty days of its publication in ten New York newspapers. Employers covered – or arguably covered – by the definition of “Fast Food Establishment” contained in the Wage…
The Confusing Array of Wage Hour Developments Impacting New York State Employers’ Wage and Hour Compliance
By Noel P. Tripp on
Posted in Minimum Wage, New York State
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…
New York’s Fast Food Wage Board Confirms: $15/Hour
By Noel P. Tripp on
Posted in Minimum Wage, New York State
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…
Manhattan Federal Court: Financial Firm Retained Discretion to Award or Not Award Bonus
By Noel P. Tripp on
Posted in Bonuses, New York State
As we recently noted in our discussion of Massachusetts law, incentive compensation has the potential to become “wages” protected by state labor law once it is “earned.” However, when an employer conveys to the employee that it retains discretion to award or not award incentive compensation in any specific amount, such potential incentive compensation…