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
New York State
New York Department of Labor Provides Draft Wage Orders Implementing Minimum Wage Increase
By Noel P. Tripp on
Posted in Minimum Wage, New York State
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…
New York Department of Labor Finalizes Deductions Regulations
By Noel P. Tripp on
Posted in New York State
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…
Second Circuit Finds Gristede’s Owner to Be Individually Liable “Employer” Under FLSA
By Noel P. Tripp on
Reviewing a district court decision issued two years ago, the United States Court of Appeals for the Second Circuit has affirmed a ruling finding John Catsimatidis, the CEO and owner of New York-area grocery chain Gristede’s (and a New York Mayoral Candidate), individually liable for wages under the FLSA based on the “economic realities&rdquo…
New York City, State Legislatures Pass Bills
By Noel P. Tripp on
Posted in New York State
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…
New York Court of Appeals Issues Starbucks Tip Ruling
By Noel P. Tripp on
Posted in New York State, Tips and Tipped Employees
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…
Florida Prohibits Local Paid Sick Leave Ordinances
By Noel P. Tripp on
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…
New York Appeals Court Affirms That Policy Language Governs Whether Vacation Must Be Paid Out
By Noel P. Tripp on
Posted in New York State
While some areas of wage-and-hour law are regulated extensively under the New York Labor Law and the relevant Wage Orders, in the area of vacation pay (and similar paid time off benefits) New York employers can define the terms of the benefit based on the seminal court decision addressing these issues, Glenville Gage Co. v. …
New York High Court To Hear Oral Argument In Closely Watched Starbucks Appeal
By Noel P. Tripp on
Posted in New York State, Tips and Tipped Employees
On May 28, 2013, New York’s highest state court, the New York Court of Appeals, will hear oral argument regarding the scope and application of New York Labor Law 196-d and its tip splitting provisions to Starbucks’ tip pooling practices. The court’s analysis of these issues, which came to the court as certified questions from…
NY Dept. of Labor Issues Proposed Regulations Concerning Wage Deductions
By Noel P. Tripp on
Posted in New York State
The New York Department of Labor has issued proposed regulations interpreting revised New York Labor Law § 193, concerning permissible deductions from wages. The proposed regulations are available here, and are scheduled to be published in the May 22, 2013 issue of the State Register, with public comments regarding their content accepted until…