As a large part of the country is faced with an impending winter storm, employers face an equally challenging decision of whether to close their operations for the safety of their employees. This decision can be difficult, and employers must be aware of their legal obligations. The Fair Labor Standards Act (“FLSA”) requires employers to […]
On January 1, 2026, the minimum wage will increase to $17.00 per hour for employees located in New York City, Long Island, and Westchester County, and to $16.00 per hour for employees in the remainder of New York State. Beginning on January 1, 2027, increases to the minimum wage rates will be based on inflation […]
Recently, the U.S. Department of Labor (“U.S. DOL”) released an opinion letter (FMLA2025-02-A) (the “Opinion Letter”) concerning how to calculate the number of hours of Family and Medical Leave Act (“FMLA”) leave available to employees who work a fixed schedule that includes mandatory overtime. The Opinion Letter clarifies that an employer seeking to calculate the […]
On July 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) announced it is restarting the Payroll Audit Independent Determination Program (“PAID”). PAID enables employers to self-identify and resolve potential minimum wage, overtime, and leave violations under the Fair Labor Standards Act and the Family Medical Leave Act. This program allows employers […]
On May 1, 2025, the U.S. Department of Labor (“DOL”) released a Field Assistance Bulletin that provides guidance regarding the analysis to apply when determining employee or independent contractor status for purposes of enforcing the Fair Labor Standards Act (“FLSA”). The DOL announced that it will no longer apply the 2024 independent contractor rule and […]
Minimum Wage Increases In 2023, New York State Governor Kathy Hochul signed legislation which would increase the minimum wage rates over a three-year period. Effective January 1, 2025, the minimum wage for New York City, Westchester and Long Island will increase to $16.50/hour. In 2026, it will further increase to $17.00/hour. For the rest of […]
As we previously reported, in April 2024, the U.S. Department of Labor published a final rule that would have raised the minimum salary threshold to qualify for the executive, administrative, or professional exemptions from overtime under the Fair Labor Standards Act (“FLSA”). The final rule would also have increased the salary requirements for the highly […]
The U.S. Department of Labor has published a final rule that raises the minimum salary threshold to qualify for the executive, administrative, or professional exemptions from overtime under the Fair Labor Standards Act (“FLSA”). The final rule also increases the salary requirements for the highly compensated employee exemption and provides for future updates of these […]
Effective January 1, 2024, the New York State salary threshold for exempt executive and administrative employees is as follows: $1,200.00/week ($62,400.00/year) $1,124.20/week ($58,458.40/year) Employers will have to increase the salary of executive and administrative employees accordingly to continue to treat them as exempt from overtime under New York State law. Note, professional employees are not […]
As we previously reported, New York State Governor Kathy Hochul signed the New York State 2024 Budget Agreement into law, which contained increases to the State’s minimum wage rates. Effective January 1, 2024, the minimum wage will increase incrementally over the next few years based on the region where employees work as follows: For […]
Recently, New York Governor Kathy Hochul signed bill S5572/A6796 that amends the New York Labor Law’s definition of “clerical and other worker.” Specifically, the new legislation increases the minimum weekly earnings that a bona fide executive, administrative, or professional employee must receive to be excluded from the category of “clerical and other worker,” from $900 […]
New York State Governor Hochul recently signed legislation (S2832-A/A154-A) to make wage theft a form of larceny and allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, the new legislation amends Section 155.00 of the New York Penal Law to add “compensation for labor or services” to the definition […]
