New York Employment Law is a four-volume
treatise covering the entire range of private sector employment law in New
York. Especially tailored for New York practitioners, this publication covers
topics such as: the contractual relationship, discrimination, interviewing,
pre-employment testing and privacy...
On October 27, 2010, in Hazen v. Hill, Betts & Nash, LLP, Case No. 10114676 (N.Y.
State Div. of Human Rights Oct. 27, 2010) , the New York State Division of
Human Rights (the "Division of Human Rights" or the "Division"), by a Notice
and Final Order (the "Order")...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations,
29 C.F.R. § 510 et seq. , require that most employees in the U.S.
be paid not less than the federal minimum wage of $7.25 per hour for
On June 24, 2011, New York Governor Andrew Cuomo signed
into law the Marriage Equality Act, Bill No. A08354 . Effective
July 24, 2011, the Marriage Equality Act (also referred to in this post as "the
Marriage Equality Act" or "the Act") amends the New York Domestic Relations Law...
In New York State, employers must give workers time off
from work to serve as jurors. Under specified circumstances, employers in
New York must pay certain wages to employees serving as jurors. Further,
employers in New York must give unpaid time off to employees who are subpoenaed
to testify in...
On August 31, 2011, New York City Mayor Michael Bloomberg
signed into law Local Law Int. No. 632, known as "The Workplace Religious
Freedom Act," that is likely to make it more challenging for New York City
employers to decline to accommodate their employees' and applicants' religious...
An H-1B visa allows qualified foreign workers to engage
in temporary employment services in a "specialty occupation." An H-1B
visa may be obtained for an initial period of up to three years and may be
extended for an additional three years. The employer must file the H1-B
Though it is not required by law, the best practice for a
company in New York is to retain its employees' personnel files for the
length of the employee's employment plus five years .
This is the case, among other reasons, because an
individual may file a lawsuit under the New York City...
A business located in New York City must abide by
anti-discrimination laws in refusing to retain or ceasing to retain an independent
contractor. By contrast, a company located in New York State, but outside
the five boroughs of New York City, need not, in declining to retain or ceasing
As we reported in a Duane
Morris Alert last March, all New York employers are required to provide
all employees by February 1, 2012, a written notice containing specific
information about the employee's wages. The required information must be
provided at the time of hire, annually between January...
Random testing means choosing workers for tests at
random, without suspicion, and without advance notice of when the test will
take place. Random testing may also encompass the testing of all
employees in a company (or a given division of a company) when the date of the
testing is not announced,...
New York State, like the federal government, does not
require any particular order or form for the records that an employer must
maintain concerning employees' wages and hours . Cf. 29 C.F.R. §
516.1(a) ("No particular order or form of records is prescribed by" 29 C.F.R.
Unemployment insurance is temporary income for workers who lose their jobs through no fault of their own; are ready, willing and able to work; and have earned sufficient compensation during a specified period of time in covered employment.
When an individual performs all of his services within the...
Many individual owners of closely held businesses want to hire an employee for the business, but lack the cash flow to do so. Periodically, owners of a cash-strapped, closely held business in New York, who want the business to hire a worker, will ask me whether, instead of paying the worker the minimum...
Many banquet halls and catering establishments require customers to pay an additional "service charge," often around 20 % of the total cost. Can the establishments simply pocket the money or does this "service charge" belong to the servers? In New York the current law is clear. Section...
From time to time, because of a mathematical or administrative error by the employer, an employer will, for one or more payroll periods, pay wages to an employee in excess of what the employee has earned. Periodically, owners of a business in New York, who have overpaid an employee for an earlier payroll...
In New York City, it is common for the owner of a residential
building to furnish the building's superintendent and the superintendent's
family with an apartment to live in, rent free. This practice raises
the question: In New York State, does an employer receive credit toward the minimum...
Potential clients often ask me questions along the lines
of: "My company is just a small employer. Does this [New York State or
New York City] statute apply to me?"
That is, prospective clients often inquire whether, in
light of the number of workers that their businesses employ, their...
On March 29, 2013, New York Governor Andrew Cuomo signed
into law a state budget for the 2013-2014 fiscal year, N.Y. State Senate Bill S02607D , N.Y. State Assembly Bill No. A03007D ("the Act"). The
Act includes a provision, Part P, which, over a period of three years, raises
New York State's...
Employers should take comfort that the DOL has provided
guidance on how to make deductions for salary advances and overpayments, which
have been legal since November.
Last summer, the New York Legislature passed legislation
that amended Section 193 of the New York State Labor Law and greatly expanded...
New York Gov. Andrew Cuomo (D) and his administration's top financial regulator issued letters to 35 online payday lenders warning them to stop issuing loans that violate state or local usury laws. The order came after a state Department of Financial Services investigation revealed some of the lenders...
Effective January 30, 2014, a new statute in New York City requires employers to provide reasonable accommodation to the needs of an employee for her pregnancy, childbirth, or related medical condition. It is an affirmative defense “that the person aggrieved by the alleged discriminatory practice...
I received a helpful reminder today from my friends employment attorneys Joseph Harris and Evan White at White Harris PLLC that all New York private sector employers must give an annual written notice of wage rates to their employees. The deadline is February 1st. The New York Department of Labor has...