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
New York State
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…
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…
NY Acting Commissioner of Labor Issues Wage Board Order Reducing New York Tip Credit to $1.50
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…
New York AG Schneiderman Introduces Pay Card Legislation
Following his investigation of the issue, New York Attorney General Eric Schneiderman last week proposed the Payroll Card Act, which would require employers:
- To permit employees to elect whether to be paid through a payroll card, direct deposit, or to receive a paper check;
- To provide notice of payroll card program terms and conditions,
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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…
Second New York Judge Agrees Time Spent In Mandated Alcohol Treatment Meetings Did Not Constitute “Work”
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,…
Vote To Eliminate Tip Credit In New York Fails
As reported by our colleagues at the New York State Restaurant Association, the current Wage Board, convened to examine the state of the tip credit under New York law, today voted on, but ultimately rejected, a motion to eliminate the tip credit entirely. Tip credits under federal and state wage laws permit an…
NY Legislature, Governor Cuomo Reach Agreement On Repeal of Annual Wage Notice
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…
Considerations Related To The New York Minimum Wage Increase
Click here for a summary of the wage rate changes triggered by the previously-scheduled December 31, 2014 increase to the New York minimum wage.