Submitted by Ali Law Group PC on August 28, 2020 On August 24, 2020, the Wage and Hour Division of the United States Department of Labor (DOL) published a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the hours of compensable work performed by employees […]
Submitted by Ali Law Group PC on May 26, 2020 On May 20, 2020, the US Department of Labor (“DOL”) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of pay under the Fair Labor Standards Act (FLSA). The final […]
Submitted by Ali Law Group PC on January 10, 2020 After two years of hearings and debates, Governor Andrew Cuomo announced that beginning in 2021, employers covered by the New York Miscellaneous Industries and Occupations Wage Order will be required to pay employees the full minimum wage, without any credit for tips employees receive. The […]
Submitted by Ali Law Group PC on December 14, 2019 New York has amended its Limited Liability Company Law (“LLC Law”) to make the ten members with the largest ownership interest of any Limited Liability Company, foreign or domestic, responsible for unpaid wages to employees. The legislation was proposed by the Governor Andrew M. Cuomo as […]
The New York City Council recently passed a law that will expand the New York City Human Rights Law to cover independent contractors and freelancers. The law will become effective January 11, 2020. Specifically, the anti-discrimination and retaliation provisions of the New York City Human Rights Law will now apply to freelancers and independent contractors […]
Submitted by Ali Law Group PC on September 26, 2019 The US Department of Labor (DOL) has issued its final rule regarding the salary thresholds for exempt status which will raise the overtime standard salary level. The final rule will go into effect on January 1, 2020 and establishes the following: In order for employees […]
Submitted by Ali Law Group PC on September 15, 2019 The New York State Assembly and Senate have passed a bill that would allow employees to obtain liens on their current or former employers’ personal and/or real property for the value of a wage claim, plus liquidated damages. If signed into law by Governor Andrew Cuomo, […]
Submitted by Ali Law Group PC on August 2, 2019 On July 10, 2019, Governor Andrew Cuomo signed the Fair Pay Act which prohibits wage differentials based on protected class status. Specifically, the new law expands current law that protects against gender-based pay inequity by requiring equal pay for “substantially similar work” and prohibiting pay […]
Submitted by Ali Law Group PC on December 17, 2018 As we previously reported, the New York State Department of Labor (“NYSDOL”) issued its first round of proposed regulations in September 2017, which were not adopted. Thereafter, at Governor Andrew Cuomo’s direction, public hearings were held on employee scheduling concerns. The NYSDOL used these hearings […]
Submitted by Ali Law Group PC on November 10, 2018 Effective December 31, 2018, the minimum salary that can be paid to those classified as exempt pursuant to the administrative and executive exemptions under New York state law, will increase. The changes in salary threshold for administrative and executive exemptions will depend on the location […]
Submitted by Ali Law Group PC on September 2, 2018 On August 28, 2028, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued an Opinion Letter (FLSA2018-20) in response to the request for an opinion concerning whether the Fair Labor Standards Act (FLSA) requires compensation for the time an employee spends voluntarily participating […]
Submitted by Ali Law Group PC on July 15, 2018 On June 22, 2018, the New York Supreme Court Appellate Division, Third Department, found that a courier who performed delivery services was as an independent contractor, and not an employee, for unemployment insurance purposes. Matter of Vega , 2018 N.Y. Slip Op. 04610 (3d Dep’t. 2018). […]
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