Each workweek stands alone. No averaging.
Exemptions narrowly construed. Title, salary NOT determinative. Burden on the employer to prove.
FLSA: The New Rules
New Annualized Salary Level: $47,476
Up to 10 % can be met by: (i) non-discretionary bonuses; (ii) incentive pay; or (iii) commissions, if made on at least a quarterly basis.
Catch-Up Payment: If an employee does not earn enough in nondiscretionary bonuses and incentive payments (including commissions) in a given quarter to retain their exempt status the Department permits a "catch-up" payment at the end of the quarter. The employer has one pay period to make up for the shortfall (up to 10 percent of the standard salary level for the preceding 13 week period). Any such catch-up payment will count only toward the prior quarter's salary amount and not toward the salary amount in the quarter in which it was paid. If the employer chooses not to make the catch-up payment, the employee would be entitled to overtime pay for any overtime hours worked during the quarter.
Highly Compensated Employees:
No Changes To:
Effective Date: December 1, 2016
Employers must provide new employees with written pay notices which include:
On April 4, 2016, Governor Cuomo signed law providing employees (both men and women) with up to 12 weeks of paid family leave to:
Goes into effect in 2018 and will be implemented gradually through 2021
Employees eventually eligible to receive 67% of weekly pay (capped at 67% of statewide average weekly pay)
Not paid by employers. Funded by weekly payroll tax deducted from employees’ paychecks (about $1).
Law overlaps but is more expansive than FMLA – applies to all employers regardless of size and employees eligible after only 6 months.
Section 162 of the NY Labor Law provides that every person employed shall be allowed at least 30 min. of lunch, unpaid.
If a shift starts before 11:00 AM and ends after 7:00 PM, employees shall be allowed an additional meal period of at least 20 min. between 5:00-7:00 PM.
If a shift lasts for more than 6 hours between the hours of 1:00 PM and 6:00 AM, employees shall be allowed a meal period of 45 min. in the middle of their shift.
Additional breaks are NOT required!!
Took effect on January 1, 2016; compliance required by July 1
Covers almost all for-profit and nonprofit employers with 20 or more full-time, non-union employees within five boroughs of NYC
Requires employer to offer full-time employees the opportunity to use up to $255 per month in pre-tax income to purchase “qualified transportation fringe benefits”
Three ways employers can meet requirement:
Short Term Disability Insurance
Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.
We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.
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