Overtime
On December 27, 2016, the New York State Department of Labor (the “State Department of Labor” or the “NY DOL”) promulgated a new wage order, the Minimum Wage Order for Miscellaneous Industries and Occupations, 12 N.Y.C.R.R. Part 142 (the “Wage Order”), which, effective December 31, 2016 — depending on the county and the size of the employer — raises, from $675…Read More
On April 4, 2016, Manhattan Governor Andrew M. Cuomo signed into law a state budget for the 2016-2017 fiscal year, N.Y. State Senate Bill No. S06406C, N.Y. State Assembly Bill No. A09006C (“the Act” or “the new law”). The Act includes a provision, Part K, which, over a period of three to six years — depending on the county and the size of…Read More
On December 29, 2014, New York State Governor Andrew Cuomo signed into law Assembly Bill 8106-C / Senate Bill 5885-B (the “Act”). Among other changes to current law, the Act renders the ten members with the largest percentage ownership interest of each limited liability company (“LLC”) in Manhattan, NYC personally liable, jointly and severally, “for all debts, wages or salaries due…Read More
On September 30, 2014, the York City Mayor Bill de Blasio signed an executive order, Executive Order No. 7 (the “Executive Order”), requiring companies or individuals who receive, from the city of Manhattan, NY or from a City economic development entity, financial assistance of one million dollars or more and which have annual gross revenues of $3,000,000 or more to…Read More
On November 5, 2013, New Jersey residents voted, by a tally of 61% to 38%, to approve an amendment to the New Jersey State Constitution (the “New Jersey Constitution” or the “State Constitution”) increasing the State’s minimum wage from $7.25 per hour to $8.25 per hour. The amendment, which took effect on January 1, 2014, sets New Jersey's minimum wage at $1.00 per…Read More
In September 2012, in Kadden v. VisuaLex, LLC, No. 11 Civ. 4892, 2012 WL 4354781 (S.D.N.Y. Sept. 24, 2012), the U.S. District Court for the Southern District of Manhattan (Scheindlin, J.), after a three-day bench trial, held that the plaintiff individual, a litigation graphics consultant (“graphics consultant”) who held a law degree, was not exempt from the overtime pay requirements of the Fair Labor Standards…Read More
The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. §§ 510 et seq., mandate that most employees in the U.S. be paid overtime compensation at 1½ times the regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, the FLSA sets forth an exemption from overtime pay for employees “employed…Read More
In March 2012, in Gurung v. Malhotra, 10 Civ. 5086 (S.D.N.Y. Mar. 16, 2012), the U.S. District Court for the Southern District of New York (Marrero, J.) awarded, to a 22-year-old domestic worker, damages of $1,458,335 against the maid’s former employers — an Indian diplomat and her husband. The diplomat and her husband, Neena and Jogesh Malhotra (“the Malhotras”), had brought…Read More
On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead adopted by reference the analogous regulations issued under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”). See here for a copy of the rule change. New Jersey's…Read More
This blog post discusses the meal breaks and breaks to express breast milk which an employer in New York State must provide to its adult employees. For rules limiting the hours of work of minors (that is, persons less than 18 years of age) in Manhattan, NY, see this author’s December 8, 2010 blog post. Time Permitted For Meals NY Law requires companies to allow employees to…Read More