Tag Archive for: New York

Second Circuit: “Black Car” Drivers are Independent Contractors Under the FLSA

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All Employers with CT, NY and VT Employees

EFFECTIVE

April 21, 2017

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A recent Second Circuit case confirmed that New York City “black car” drivers—workers who provide high-end transportation services, e.g., limousines—are independent contractors under the Fair Labor Standards Act (“FLSA”).

May Updates

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Varies

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This HR Alert addresses the following topics:
  1. H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
  2. OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
  3. Updated Pay Transparency Poster for Federal Contractors
  4. California: Wage Orders Have Been Updated and Must be Posted by Employers
  5. Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
  6. North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
  7. New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
  8. New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
  9. REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

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Second Circuit: Employers May Be Responsible for Determining if FMLA Leave Applies

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All Employers with NY, CT, and VT Employees

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February 9, 2017

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The Second Circuit recently stated that employers are responsible for requesting additional information from an employee in order to determine if the employee is eligible for FMLA leave.

New York: Upcoming Regulations for Direct Deposit/Debit Payroll Cards Revoked

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All Employers with NY Employees

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February 16, 2017

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New York’s strict new debit card and direct deposit wage payment regulations, originally slated to go into effect March 7, 2017, have now been invalidated by the New York State Industrial Board of Appeals (“IBA”).  The IBA stated that the regulations infringed on banking regulations that set bank fees, and that the New York State Department of Labor (“NYSDOL”) had overstepped its jurisdiction in applying these rules.  The IBA also pointed to numerous similar bills introduced in the New York legislature over the years, citing the bills’ failure to come to fruition as a sign that the current regulations controlling wage payments are already satisfactory.

New York: Exempt Salary Threshold Increased

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All Employers with NY Employees

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December 31, 2016

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Effective December 31, 2016, the New York State Department of Labor (“NYSDOL”) has adopted proposed amendments to the New York minimum wage orders that will increase the salary threshold for executive and administrative employees.  Prior to the amendments, the executive/administrative salary exemption threshold was $675 per week ($35,100 annually).

The new exemption thresholds are scaled to employer size, and will gradually increase each year, per the table below:

New York: Equal Pay Protections for State Contractors and Public Employees Boosted

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NY State Agencies and NY State Contractors

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January and June 2017

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Governor Andrew Cuomo recently signed two executive orders aimed at strengthening New York’s fair pay practices for state agencies and companies doing business with the state.

Minimum Wage Update

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Varies; See Below

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Varies; See Below

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A number of states’ and localities’ minimum wage rates will increase in 2017. Below is a chart of upcoming wage increases.

New York Imposes Stricter Debit Card and Direct Deposit Wage Payment Rules

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All Employers with New York Employees

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March 7, 2017

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Effective March 7, 2017, The New York Department of Labor (“NYDOL”) has adopted a regulation that imposes greater restrictions on employers who wish to pay wages through payroll debit cards or direct deposit.  Employers will be obligated to provide additional information to employees explaining different options for wage payment, in additional to several additional regulations, described in greater detail below.

August Updates

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This HR Alert addresses the following topics:
  1. Legislation Aimed to Ease the Upcoming Federal Overtime Exemption Regulations
  2. OSHA Posting Requirement Extended to November 1, 2016
  3. Department of Labor Increases Civil Penalties for Violations of Law
  4. IRS Clarifies Tax Treatment of Wellness Reimbursements and Incentives
  5. EEOC Updates Equal Pay Data Rule, Requires More Detailed EEO-1 Reporting for 2017
  6. California: Public Works Contractors and Subcontractors Must Submit Certified Payroll Records Again
  7. District of Columbia: Guide Regarding Transgender Workers Published
  8. Nevada: REMINDER – Workplace Posters Changed July 1, 2016
  9. New Jersey: “Marital Status” Refers to All Types of Marital Status
  10. New York City, New York: Single-Occupant Restrooms Must be Labeled Gender-Neutral

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New York City Releases Guidance on Pregnancy Accommodation Requirements

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All New York City, NY Employers

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May 6, 2016

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The New York City Commission on Human Rights (“Commission”) recently released a guide on how the pregnancy accommodations under the New York City Pregnant Workers Fairness Act will be enforced.  The guide outlines five categories of potential violations, summarized below: