Beginning January 1, 2018, private sector employees in New York State who meet the minimum employment-duration requirements will be eligible for paid family leave under New York’s Paid Family Leave (“PFL”) law.  The PFL program will be funded by employees via mandatory payroll deductions – tacked onto existing disability benefits deductions – beginning in July 2017. Who is Covered by the Law? The law applies to all private employers.  Unlike the federal [...]

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Department of Labor Regulations Pertaining to Wage Payments Revoked

New York State Department of Labor (DOL) regulations regarding payment of wages to employees via direct deposit or debit card, which were set to take effect March 7, 2017, have been revoked. Previously adopted in September 2016, the regulations imposed restrictions on New York State employers paying wages by payroll debit card and direct deposit, including written notice and consent requirements applicable to the latter. The intent was to ensure workers had access to their wages in full without [...]

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EEOC Issues Enforcement Guidance  On National Original Discrimination

In fiscal year 2015, approximately eleven percent of the private sector discrimination charges filed with the United States Equal Employment Opportunity Commission (“EEOC”) alleged national origin discrimination.  These charges alleged a wide variety of violations of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), including claims arising from unlawful failure to hire, termination, language-related issues and harassment/hostile work environments. [...]

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Federal Court in Texas Issues Nationwide Injunction Stopping Implementation of New Overtime Rule

On May 23, 2016, the United States Department of Labor published the final version of a rule that would significantly alter the “white collar” or “EAP” (executive/administrative/professional) exemption to the Fair Labor Standards Act’s overtime requirements.  Scheduled to become effective on December 1, 2016, the rule would have, among other things, required an employee to be paid $47,892 (or $921 per week), up from the current $23,660 (or $455 per week), to [...]

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Employers and Election Day Laws

The U.S. presidential election will be held Tuesday, November 8, 2016. How your business responds to employees taking time off for voting is regulated by state voting rights laws. In New York, employers are required to provide leave to allow employees ample time to vote in elections if the employee does not have four consecutive nonwork hours at the beginning or end of their shift when the polls are open. The length of the leave must be sufficient, when added to the employee’s voting time [...]

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