New York State

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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…

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…

In New York, the cash wage due to tipped workers will increase to $7.50 at the end of the year, following an Order from acting Commissioner of Labor Mario Musolino. Commissioner Musolino accepted this recommendation from the Wage Board convened by his predecessor. This order will reduce the tip credit to $1.50/hour off the minimum…

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…

Joining a decision issued last fall by Southern District of New York Judge Andrew Carter, Judge Ronnie Abrams has also ruled that time spent by New York City employees in alcohol counseling required by their job did not constitute “work.”  Gibbs v. City of New York, 2015 U.S. Dist. LEXIS 7960 (S.D.N.Y. Jan. 23,…

Business advocacy groups advise that the New York Legislature and Governor Cuomo have reached agreement on the Legislature’s already-passed legislation repealing the Wage Theft Prevention Act’s annual notice requirement.  Indeed, the Legislature’s web site confirms that S.5885-B has been delivered to the Governor.  Business groups believe a “chapter amendment” will be forthcoming in…