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…
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…
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…
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…
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…
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…
Governor Cuomo has signed into law the recently-passed bill amending New York Labor Law § 193. Based on the signature date of September 7, the new law – expanding the scope of permissible deductions under Section 193 to include, among other things, recoupment of overpayments to employees – takes effect on November 6, 2012. At present…
Effective January 1, 2011, the New York Department of Labor promulgated a new wage order covering the hospitality industry. However, due to the New York Labor Law’s six year limitations period, litigation continues addressing the propriety of various industry employer practices under the old regulations. In one such case, Judge Thomas J. McAvoy of the Northern…
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…
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…
