IRS Releases Early 2019 Draft Form W-4

Submitted by Ali Law Group PC on July 10, 2018 The Internal Revenue Service (IRS) has released an early draft of the 2019 Form W-4, Employee’s Withholding Allowance Certificate, and corresponding instructions.  However, the IRS has indicated that employers should not file draft forms, nor rely on draft forms, instructions and publications for filing, as […]

New York State Wage and Hour Update: New Bills Proposed

Submitted by Ali Law Group PC on June 12, 2018 Recently, there have been several bills proposed in New York State which pertain to the wage and hour laws in the State. Specifically, Assembly bill 10757 and Senate bill 8594 have been introduced which would prohibit the commissioner of labor and the department of labor […]

DOL’s Delay of a Revised Overtime Rule Proposal

Submitted by Ali Law Group PC on May 11, 2018 The U.S. Department of Labor (DOL) announced in its fall regulatory agenda, that it intended to issue a Notice of Proposed Rulemaking (NPRM) to determine what the salary level for exemption of executive, administrative and professional employees should be by October 2018. However, the DOL […]

Amendment to the FLSA Results in New Tip Pool Rules

Coffee cups with tips left by them

Submitted by Kerith McElroy on April 13, 2018 On March 23, 2018, President Trump signed the Consolidated Appropriations Act for 2018 (Act) into law, which vacated the United States Department of Labor’s (DOL) 2011 regulations that barred tip pooling when employers do not claim a tip credit under section 3(m) of the Fair Labor Standards […]

Supreme Court Rejects “Narrow Construction” Principle for FLSA Exemptions

Submitted by Ali Law Group PC on April 10, 2018 On April 2, 2018, the U.S. Supreme Court issued its ruling in Encino Motorcars, LLC v. Navarro, in which it specifically rejected the longstanding principle that exemptions under the Fair Labor Standards Act (FLSA) should be “narrowly construed.” 584 U.S. ___ (2018). Pursuant to the FLSA, […]

Clarification to Come for the New York Home Health Care Industry

Submitted by Ali Law Group PC on March 17, 2018 Historically, New York home health care aides have been paid for 13 hours of a 24-hour shift. This previously unchallenged practice, known as the “13-hour rule,” permitted employers of home care aides working 24-hour shifts to pay their employees for 13 hours of a 24-hour […]

Biometrics in the Workplace

Submitted by Ali Law Group PC on February 17, 2018 Many businesses now use biometrics in the workplace for purposes such as customer access, data security, and to track employee attendance. Biometric time clocks have replaced handwritten or paper timesheets, allowing employees to clock in with fingerprints, palmprints or iris scans. With the use of biometric […]

Second Circuit Court of Appeals Rules That Hearst Interns Are Not Employees

Submitted by Ali Law Group PC on January 8, 2018 In the recent decision of Wang v. Hearst Corp., No. 16-3302 (2d Cir. 2017), the United States Second Circuit Court of Appeals affirmed the lower court’s dismissal of claims filed by five participants in the Hearst Corporation’s internship program claiming minimum wage violations under the Fair […]

Cuomo Unveils Proposal for Elimination of Tip Credits

Submitted by Ali Law Group PC on January 6, 2018 Governor Andrew M. Cuomo recently announced a proposal to direct the New York Department of Labor (NYDOL) to schedule public hearings to examine industries and evaluate the possibility of eliminating wage tip credits in New York State. Currently, New York employers are permitted to pay tipped workers […]

Federal Court Strikes Down Department of Labor’s “White Collar” Overtime Rule

Submitted by Ali Law Group PC on September 11, 2017 On August 31st the U.S. District Court for the Eastern District of Texas struck down the Obama administration’s rule that expanded overtime protections of “white collar” workers. The overtime regulation that was overruled would have expanded federal overtime regulations to four million more employees and […]

EEOC Suspends Pay Reporting Obligations

Submitted by Ali Law Group PC on September 8, 2017 As predicted under the new administration, the Office of Management and Budget and Office of Information and Regulatory Affairs informed the Equal Opportunity Commission (EEOC) that it is suspending the revised EEO-1 form. This revised EEO-1 form was established by the EEOC under the Obama […]