The New York Department of Labor (DOL) issued proposed regulations which would modify several industry-specific wage requirements including the salary threshold for exempt executive or administrative employees.
Read MoreAs employers may recall, on September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) released a Notice of Proposed Rulemaking concerning the joint-employer standard under the National Labor Relations Act (“NLRA”). On October 27, 2023, the NLRB published the long awaited Final Rule concerning the joint-employer standard, which will take effect on February 26, 2024.
Read MoreSince 2019, when settling a claim involving discrimination, New York employers have been required to follow a so-called “preference agreement process” to obtain a non-disclosure agreement preventing disclosure of the underlying facts and circumstances of the claim or action. On Friday, Governor Hochul signed legislation revising this process and, importantly, creating serious penalties for employers who include certain provisions in their agreements which penalize employees who speak about harassment, discrimination, or retaliation. This law takes effect immediately.
Read MoreThree recent developments in federal and New York State wage laws will impact which employees qualify as exempt from minimum wage and overtime pay requirements, how much employers will be required to pay hourly employees, and the consequences for failing to pay employees for work performed. On the federal level, the US Department of Labor (“DOL”) has issued a proposed rule which would increase the salary thresholds necessary to qualify for an exemption from minimum wage and overtime requirements under the Fair Labor Standards Act. On the state level, NYS legislators have enacted two pieces of legislation: one that increases the statewide minimum wage annually through 2026 and a second that makes wage theft a larceny under the NYS penal code.
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