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Federal DOL Set to Publish a Proposed Rule Regarding Fluctuating Workweek Pay

Friday, September 06, 2019

Under the federal Fair Labor Standards Act, employers who agree with employees who work a fluctuating number of hours each week to pay them a base salary regardless of the number of hours worked, are then able to pay those employees half-time for their overtime hours.  This somewhat unknown, and not often used, structure generally saves employers money and gives employees the certainty of the salary during weeks working less than 40 hours.

PFL 2020 Rates Announced

Friday, September 06, 2019

The New York State Department of Financial Services (“DFS”) Superintendent revealed the new Paid Family Leave (“PFL”) benefit and employee contribution rates on Friday August 30. By law, those on PFL will receive up to 60% of the New York State average weekly wage (which the DFS set at $1,401.17 for 2020), for the up-to-10 weeks of PFL taken during the year. Accordingly, most employees who take PFL in 2020 will receive $840.70 per week, up about $100 from 2019, and it will be interesting to see if more employees seek to take it.

Expanded NY Anti-Harassment Legislation Has Become Law

Friday, August 30, 2019

On June 25, we wrote about new anti-harassment legislation that we expected Governor Cuomo to sign into law.  On August 12, he did, in fact, sign that legislation and expanded the definition of what is considered legally actionable harassment in the workplace.  The traditional standard that harassment must be “severe and pervasive” will no longer apply.  Now, a complainant must show that the conduct in question rises above the level of “petty slights and trivial inconveniences.” 

 

Additional changes are:

NY Passes New Discrimination Laws

Friday, August 23, 2019

Continuing with its’ busy employment legislation season, New York has amended the Human Rights Law to prohibit discrimination based on religious attire, clothing and facial hair.  The law becomes effective on October 8, 2019.   The law already prohibited employers from treating applicants or employees differently because of their religion, but the amendment makes clear that the definition of religion includes bias against any employee’s religious clothing, facial hair or attire.

The Employer’s Duties Regarding the Safety of Employees and Others

Wednesday, August 07, 2019

The recent sad and tragic accident involving a young boy’s death at an outdoor grease trap at a local coffee shop brings to mind the duties employers have regarding safety. Beyond the moral duty to protect their employees and others, the legal sources of those duties can be federal, state or local as in the Occupational Safety and Health Administration (OSHA), the State Department of Health (NYSDOH) or the County Department of Environmental Services (DES) respectively.

Trump Nominates Eugene Scalia to Lead Department of Labor

Thursday, July 25, 2019

Department of Labor Secretary Alex Acosta recently stepped down from the position, and President Trump has named Eugene Scalia as his replacement nominee.  Mr. Scalia was previously a lawyer in the Labor Department during George W. Bush’s administration.  Mr. Scalia is also the son of former U.S. Supreme Court Justice Antonin Scalia.

New York Bans Racial Discrimination Based On Hair Texture Or Style

Monday, July 15, 2019

Both the New York State Human Rights Law and Dignity for All Students Act were expanded last Friday to ban race discrimination based on “natural hair or hairstyles,” including, but not limited to, “braids, locks and twists.”  The law, called the CROWN (Creating a Respectful and Open World for Natural Hair) Act, takes effect immediately.

New Employee Wage Lien Law Expected Shortly

Tuesday, July 09, 2019

New York State Governor Cuomo is expected to sign a bill granting employees and former employees the power to lien real and personal property owned by their (broadly defined) employers based on their mere allegation of a wage claim. Entity and individual business owners, as well as managers, executives, supervisors and human resources professionals who control the terms and conditions of employment, and thus also considered employers, could face these liens under the law which will be effective 30 days after signed by the Governor.

New York State’s Anti-Harassment Laws Greatly Expanded

Tuesday, June 25, 2019

The NYS Legislature recently approved changes to the state’s discrimination and harassment laws. Governor Cuomo has indicated that he intends to sign the legislation. Among the major changes are the following:

Federal DOL Proposes Changes/Clarifications to the Definition of "Regular Rate" under the FLSA

Tuesday, June 11, 2019

The determination of the regular rate of pay for employees who are non-exempt under the Fair Labor Standards Act (“FLSA”) and, therefore, eligible for time-and-one-half overtime pay for all hours worked over forty (40) in a week is a crucial and sometimes complicated one for employers under current law.

Governmental Affairs
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Please e-mail your U.S. Senators and urge them to support the Employment Verification Amendment! The Senate is currently considering its immigration ...

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11
Republicans in the House of Representatives, led by Representative Martha Roby (R-AL), yesterday introduced the Working Families Flexibility Act of 20...

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24
Frank Cania and Paul Keneally have prepared an in depth guide for employers to help navigate the New York Corrections Law, Article 23-A, requirements....

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29
  YOUR ASSISTANCE IS NEEDED! Please e-mail your senators to OPPOSE S. 3220 <http://msg.shrm.org/site/R?i=MTjvtqw_LsVHXyHx4E3oZw> because i...

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18
YOUR ASSISTANCE IS NEEDED!  The NLRB's imbalanced "quick election" rule is scheduled to take effect on April 30, 2012. The congressional resoluti...

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08
Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Save Employer Provided Education Assistance! Please email or write your representat...

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08
Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please e-mail your U.S. senators and representative and ask them to co-sponsor the ...

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06
Senator Bill Sampson has provided this summary of a new bill that he introduced to lessen the impact of the Wage Theft Prevention Act's notice require...

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03
Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please CALL your representative and ask him/her to co-sponsor the Neal/Gerlach...

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31
Federal Legislative Action Alert YOUR ASSISTANCE IS NEEDED!  Please email your representative and ask him/her to co-sponsor the Neal/Gerlach Hou...

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15
Federal Legislative Action Alert - REMINDER! YOUR ASSISTANCE IS NEEDED!  Last week you received an alert regarding Representatives Richard Ne...

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12
Frank Cania, CEO of CaniaHR LLC and president of the Genesee Valley Chapter of the Society for Human Resource Management, and Paul Kennealy, Esq....

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12
Underberg & Kessler LLP attorney Elizabeth Cordello comments on the Marriage Equality Act and whether private businesses can discriminate or deny ...

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02
Underberg & Kessler LLP partner Paul Keneally comments on issues facing business people involved in a lawsuit over the loss of an employee, an...

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17

A new statute set to take effect on April 9, 2011, New York's "Wage Theft Prevention Act", requires that employers provide significantly more information to employees regarding wages or risk facing increased civil, and in some cases criminal, penalties.

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http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/201012090500/NEWS01/12090336
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New York State has passed a Domestic Workers Bill of Rights which amends New York Labor Law and provides extensive protection to domestic workers.  The law goes into effect on November 29, 2010.  Please click on the link for further information.

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21
Shared Work is a voluntary program that provides employers facing a temporary decline in business with an alternative to layoffs. Rather than laying off a percentage of the work force to cut costs, an employer can reduce the hours and wages of all or a particular group of employees. The employees whose hours and wages are reduced can receive partial unemployment insurance benefits to supplement their lost wages.

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15
Below please find a special invitation to the 2010 HR Legislative Conference on April 20, 2010 in Albany. If you have any questions, please contact GV...

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14
Below please find an interesting article about a case finding for an employer where the employee was an alcoholic with attendance problems. This thorn...

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13
Once again the COBRA subsidy and unemployment benefit rules have been extended. If you have any questions please contact GVCSHRM Legislative Represent...

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12
Below you will see the testimony of employment defense attorney Jane M. McFetridge, Esq. to the U.S. Senate regarding the proposed Paycheck Fairness A...

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11
Monroe JSEC Presents: Investigating Sexual Harassment & Other Employment Claims When: Wednesday, April 28, 2010 Registration and refreshmen...

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10
Second Circuit Rules Reasonable Accommodation Must Be Provided, Even if Not Requested by Employee Under the Americans with Disabilities Act of 1990...

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