2016 Blog Archives
December 28, 2016
The New York State Department of Labor has adopted regulations implementing increases to the state minimum wage, identified required salary levels for exclusions from overtime pay for executive and administrative employees, and issued Frequently Asked Questions for employers.
December 15, 2016
The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City.
Please click on the following link to read the full post prepared by Jackson Lewis attorneys Jonathan Bing, Richard Greenberg, and government relations director Javier Lacayo.
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November 28, 2016
Texas Court Grants Nationwide Preliminary Injunction Enjoining Department of Labor from Implementing or Enforcing Regulation Raising Salary Level for White Collar Exemptions
When two lawsuits were filed in Texas seeking to block the Department of Labor’s new overtime rule, which more than doubles the required salary level to qualify for the Fair Labor Standards Act “white collar” exemptions, few predicted the lawsuits would be successful. But the polls were wrong (again). On November 22, 2016, a Texas District Court Judge (an Obama appointee) granted a nationwide preliminary injunction blocking the rule.
November 8, 2016
The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons for using statutory sick time to include reasons related to victims of domestic violence. Mayor Bill de Blasio supports both proposals.
November 1, 2016
The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2017 (see IR-2016-141). Most notably, the limitation on annual salary deferrals into a 401(k) plan (along with many other retirement plan limitations) remains unchanged. The dollar limits are as follows:
October 25, 2016
For New York employers, many wage-and-hour obligations are not set forth in the statute. Rather, they are outlined in Wage Orders promulgated by the New York State Department of Labor. The New York DOL has published proposed modified Wage Orders in the State Register, implementing changes to the existing Wage Orders based on the recently passed increase to the state minimum wage.
October 20, 2016
The New York City Council has overwhelmingly passed a bill that mandates a 90-day transition period for displaced food service workers when a new owner or operator takes over a city building.
September 30, 2016
Should a question on a job application asking potential employees about their criminal history be removed? That was under discussion at a public hearing in Albany earlier this week.
The Albany County Fair Chance Act, also known as "Ban the Box," refers to the box on a job application asking about a person's criminal background. That box would be removed from county job applications.
September 21, 2016
A bill in the City Council of New York City would prohibit employers from inquiring about a prospective employee’s salary history. The bill’s purported aim is to close the gender pay gap by reducing the likelihood that women will be prejudiced by prior salary levels.
New York City Public Advocate Letitia James introduced Int. 1253 on August 16, 2016.
February 16, 2016
Proposed EEOC Regulations on Workplace Retaliation Make Defending Retaliation Lawsuits More Difficult
Employers should be aware of new proposed guidance from the EEOC on workplace retaliation issues, and their potential impact on the workplace and resulting litigation. The proposed guidance issued by the EEOC, among other things, formally expands the scope of “protected activity” in which an employee can participate. For example, the guidance provides that an employee has engaged in “protected activity” even if an internal harassment complaint falls “far short” of the severe and pervasive standard required to prove a hosti