Increases to Salary Threshold for Exempt Executive and Administrative Employees in New York
On December 27, 2023, New York issued a notice that the New York Department of Labor (DOL) adopted the regulations that will increase the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employees under the New York Labor Law. By way of background, both federal law (Fair Labor Standards Act or […]
Increases to New York Minimum Wage Beginning on January 1, 2024
As part of the Fiscal Year 2024 New York State Budget (the “Budget”), Governor Kathy Hochul and the New York State Legislature agreed to a multi-year plan to increase the State’s minimum wage through 2026. Beginning on January 1, 2024, New York’s Minimum Wage will gradually increase to keep pace with inflation and the rising […]
New York Workers Have More Time to Bring Discrimination Claims
This year has brought several changes to the employment law landscape in New York, and the trend is continuing into 2024. The New York State Human Rights Law prohibits employers from discriminating against an individual on the basis of a protected category. Protected categories under New York law include age, race, citizenship, sexual orientation, and […]
NYS Passes Clean Slate Act, Prohibiting Discrimination Against Individuals with Certain Criminal Records
On November 16, 2023, New York State Governor Kathy Hochul signed into law the Clean Slate Act, which allows certain criminal records to be sealed after a waiting period with no subsequent convictions. The Clean Slate Act amends the New York State Human Rights Law (NYSHRL) to make it an unlawful discriminatory practice for employers […]
Effective Immediately: NY Law Prohibiting NDAs from Including Liquidated Damages Provision in Settlement Agreements Resolving Discrimination Claims
On November 17, 2023, Governor Kathy Hochul signed into legislation S. 4516, amending General Obligations Law § 5-336. The amendment prohibits employers in settlement agreements resolving workplace discrimination claims, including discriminatory harassment and retaliation, from (i) requiring the complainant to pay liquidated damages if the complainant violates any non-disclosure or non-disparagement agreement included in the […]
New Form I-9 and Alternative Verification Procedure Available August 1, 2023
On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced three important changes to the I-9 verification process (Book Law’s previous blog post regarding the end of the COVID-19 flexibilities is here). All three will take effect on August 1, 2023. 1. USCIS will publish a revised version of its Form I-9, Employment […]
Deadline to Comply with Form I-9 Verification Requirements is August 30, 2023
Employers will have until August 30, 2023, to physically examine the identity and employment eligibility documents of workers who were hired on or after March 20, 2020, and whose documents were examined only virtually or remotely. Since March 2020, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have allowed […]
NYS May Increase Salary Threshold For Wage Theft Claims
The New York State Legislature passed a bill that would increase the number of executive, administrative, and professional employees covered by Article 6 of the State’s Labor Law. The bill would increase the salary threshold for covered employees from $900 to $1300 per week. The new law would require employers to pay the newly covered […]
NYS Passes Freelance Isn’t Free Act
In early June 2023, New York State lawmakers approved the Freelance Isn’t Free Act, which would provide protections for freelance workers. New York City enacted a similar law that went into effect in May 2017. The new statewide law would require a hiring party to (i) enter into a written contact with a freelance worker […]
NYC Minimum Wage Hike for App-Based Food Delivery Workers Placed on Hold
On Friday, July 7, 2023, a judge ordered a temporary halt to New York City’s plan to raise the minimum wage for app-based food delivery workers. The law, which was passed in June, was scheduled to go into effect on July 12, 2023. The new law would require restaurant delivery apps to pay their food […]
