Tag: New York State Department of Labor

FLSA Claims May be Subject to Mandatory Arbitration

Wednesday, December 27, 2017

The U.S. Court of Appeals for the Second Circuit held recently that individual overtime wage claims under the federal Fair Labor Standards Act (FLSA) are subject to mandatory arbitration if an employment contract calls for the arbitration of employment disputes. In such a scenario, the individual employee must submit his/her FLSA claims to arbitration and cannot sue in court. Read More

Happy Holidays? New York State Department of Labor Finalizes New Wage Orders

Wednesday, December 28, 2016

As expected, the New York State Department of Labor (NYSDOL) formally adopted new wage orders today which, among other things, set the minimum wage schedule and raised the minimum salary thresholds for executive and administrative positions to be considered exempt from overtime under New York Labor Law. Read More

Governor Cuomo Signs Bill Repealing “Good Faith” Internal Reporting Requirement of Public Employee Whistleblower Protection Statute

Tuesday, February 23, 2016

Public employers should be aware that Governor Cuomo recently signed a bill repealing Section 75-b(2)(b) of the New York State Civil Service Law, which required that a public employee, in order to invoke the anti-retaliation or “whistleblower” protection... Read More

Governor Cuomo Announces New Regulations Protecting Transgender New Yorkers from Discrimination

Wednesday, January 27, 2016

On January 20, 2016, Governor Cuomo announced that the New York State Division of Human Rights adopted new regulations that ban discrimination and harassment against transgender people. Read More

Governor Cuomo Continues to Focus on Worker Abuse in New York State

Wednesday, October 21, 2015

As part of a continuing effort to curb worker abuse in New York State, Governor Andrew Cuomo announced on October 14, 2015 that anti-retaliation and mediation units will be created within the State Labor Department to support the Task Force to Combat Worker Exploitation, a recently assembled multi-agency task force investigating alleged wage theft, child labor and other unlawful workplace practices by employers in New York State. According to the Governor, the Task Force has already opened 30 joint-agency enforcement cases across the state. Read More

Recent Decision Impacting Employer Reimbursement for Advance or Continued Compensation

Thursday, April 9, 2015

Please be advised that certain reimbursements for advance or continued wage payments made by employers to employee-claimants are subject to a recent change under New York’s Workers’ Compensation Law. Read More

Governor Cuomo Signs Bill Extending Discrimination Protections to Unpaid Interns

Monday, August 4, 2014

On July 22, 2014, New York Governor Andrew Cuomo signed legislation that provides unpaid interns with the same protections as paid employees under the New York State Human Rights Law. Read More

New York State Launches the Unemployment Insurance State Information Data Exchange System

Friday, February 14, 2014

The New York State Department of Labor (NYSDOL) recently implemented a new web-based system called the Unemployment Insurance State Information Data Exchange System (SIDES), which directly connects the NYSDOL with employers for purposes of investigating and resolving claims for unemployment benefits. The system transmits questions by former employees about unemployment insurance claims directly from the NYSDOL to employers in order to promptly process claims and avoid fraud. According to the NYSDOL, SIDES aims to prevent unemployment benefits from going to people who do not deserve them, while at the same time preserving the integrity of the Unemployment Insurance Trust Fund and employers’ accounts. Read More

Unemployment Insurance Reform in New York

Friday, January 31, 2014

Last year, Governor Cuomo signed legislation to reform the unemployment insurance system in New York. The changes were enacted as a result of the insolvency of the Unemployment Insurance Trust Fund and New York’s need to repay the $3.5 billion it borrowed from the federal government to cover increased costs during the recession. In an effort to provide guidance on the new changes to the unemployment insurance system, the New York State Department of Labor (NYSDOL) recently issued separate fact sheets for employers and claimants. The fact sheets are available on the NYSDOL’s website, at http://www.labor.ny.gov/home/. Read More