Tag Archives: New York State

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 Department of Labor Provides Draft Wage Orders Implementing Minimum Wage Increase

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 … Continue Reading

New York Department of Labor Finalizes Deductions Regulations

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 date … Continue Reading

Second Circuit Finds Gristede’s Owner to Be Individually Liable “Employer” Under FLSA

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” of … Continue Reading

New York City, State Legislatures Pass Bills

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 a specific … Continue Reading

New York Appeals Court Affirms That Policy Language Governs Whether Vacation Must Be Paid Out

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. … Continue Reading

New York High Court To Hear Oral Argument In Closely Watched Starbucks Appeal

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 the … Continue Reading

NY Dept. of Labor Issues Proposed Regulations Concerning Wage Deductions

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 and including … Continue Reading

Text of NY Minimum Wage Bill Finalized

The text of the New York legislature’s proposed minimum wage increase confirms increases as previously reported: ·         $8.00 on and after December 31, 2013 ·         $8.75 on and after December 31, 2014 ·         $9.00  on and after December, 2015. Per the language of the amendment, the minimum wage requirements for food service workers and other … Continue Reading

New York City Poised To Enact Paid Sick Days

New York City is expected to join the ranks of the growing number of jurisdictions which require private sector employers to provide paid sick days to employees.  The legislation, which is expected to be passed shortly by the City Council, reflects a compromise between advocates for such legislation, opponents within the business community and Council … Continue Reading

Progress Towards NY Minimum Wage Hike

Reports indicate that the New York State legislature and Governor Cuomo have tentatively reached agreement regarding the terms of the anticipated proposed increase in the state’s minimum wage. As portrayed in news coverage, the latest proposal would increase the minimum wage to $8/hour in 2014, $8.75/hour in 2015 and $9/hour by 2016, but not tie further … Continue Reading

New York Judge Rejects Interns’ Novel Argument That Paying School Tuition Is An Indirect Wage Deduction

In the latest chapter in the ongoing intern battles currently being waged in the United States District Court for the Southern District of New York, Judge Harold Baer rejected plaintiffs’ novel assertion of unlawful wage deductions. Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 3768 (S.D.N.Y. Jan. 9, 2013). The Wang litigation concerns the applicability of the … Continue Reading

Second Circuit Asks New York Highest Court for Clarity As To Who May Participate In a Tip Pool

Under New York law, a customarily tipped employee cannot be forced to share tips with an employer or its “agent”. In 2009, a New York federal judge ruled that Starbucks did not violate the New York Labor law (specifically Section 196-d) by permitting shift supervisors at New York Starbucks to receive tips from the coffee … Continue Reading

WTPA Damages Provision Not Retroactive

New York’s Wage Theft Prevention Act does not apply retroactively to violations occurring before the April 2011 effective date (regardless of whether suit already had been filed or not), according to a decision from the Eastern District of New York. Quintanilla v. Suffolk Paving Corp., 2012 U.S. Dist. LEXIS 132469 (E.D.N.Y. Sept. 17, 2012). The Court … Continue Reading

New York Appeals Court Upholds Moving Industry Victory in Prevailing Wage Dispute With NYC

In a victory for the (always bustling) New York City moving industry, the Appellate Division, First Judicial Department has upheld a May 2011 trial court victory won by an industry association challenging the City Comptroller’s prevailing wage determination for the industry. Matter of Metropolitan Movers Assn., Inc. v. Liu, 95 A.D.3d 596 (1st Dep’t 2012). … Continue Reading

New York Legislature Amends Deduction Statute, Providing Greater Flexibility

The New York state legislature has passed the proposed amendment to N.Y. Labor Law § 193, broadening the scope of permissible deductions from wages under New York law to include, among other items, recoupment of overpayments based on clerical errors. The amended statute will also permit deductions to pay for certain common employer-provided benefits, such as … Continue Reading

New York’s Highest Court Addresses Liability for Bonuses

An unsettled fertile area of litigation in New York has been the circumstances under which various types of incentive compensation—such as bonuses—become “earned” as wages and thus entitled to the protections of the New York Labor Law, which provide greater remedies than common law claims for breach of contract.  In a recent decision, New York’s … Continue Reading

NY Senate Approves Repeal of Dreaded “Wage Theft Prevention Act” Annual Notification Requirement

Calling the New York Wage Theft Prevention Act’s annual notice requirement a waste of millions of dollars – and 51 million pieces of paper! – New York State Senators yesterday voted to repeal the Act’s annual notice requirement.  This narrower repeal, which is limited to the notice provision (and not the other provisions of the … Continue Reading
LexBlog