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). […]
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 […]
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 […]
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 […]
Submitted by Ali Law Group PC on April 23, 2018 The United States Department of Labor (DOL) recently issued three opinion letters which provide useful guidance for employers subject to the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Opinion letters serve as a means by which the public can develop […]
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 […]
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, […]
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 […]
