Updated New York Reporting Requirements

April 6th, 2011 Posted by Cara

employers must update their practices by April 9, 2011 under a new with stringent recordkeeping requirements.

 

The New York State Wage Theft Prevention Act imposes severe penalties on employers who do not comply.

 

In the past, section 195 of the New York Labor Law required employers to notify new employees of their rate rate and payday. The new greatly expands that requirement. It also requires that employees be given written notice of any change in terms of wages at least seven days in advance. In addition, it increases the damages for unpaid wages from 25% to 100% and imposes fines of up to $20,000 on employers for wage violations. Apr

 

Starting on April 9, 2011, New York employers will be required to provide notices to current employees each year. Even more restrictive, the requires that the notices be in English and in any language that the designates as his or her primary language. Apparently, that means if an claims Navaho or Klingon is his primary language, the employer must furnish a copy in Navaho or Klingon.

 

Those notices must include:

 

·         Whether the employee’s wages are based on the hour, week, shift, day, commission, piece rate or salary basis – or another basis.

 

·         The employee’s (more…)

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New York Increases Tipped Minimum Wage to $5.00

February 2nd, 2011 Posted by Cara

The Department of Labor recently issued a wage order for the hospitality industry. The action is a response to continued violations by employers including tip misappropriation and violations. Many of the provisions are more strict than those required by the FLSA or Fair Labor Standards .

 

The new regulations went into effect on January 1, 2011. However, the will implement only limited enforcement through February 28, 2011.

 

The new wage order strictly limits a New York employer can take, in accordance with other recent policies. In addition, non-exempt hospitality employees must be hourly. While federal permits an employer to non-exempt workers on a salary basis, the New York Hospitality Wage Order does not.

 

Important features of the new hospitality wage order:  

  • Servers and other tipped foodservice employees must be paid at least $5.00 per hour, an increase of 35 cents per hour from $4.65. The new maximum is $2.25 per hour.
  •  Tipped employees who are not in foodservice, such as delivery persons and bellmen, must be paid at least $5.65 per hour, an increase of (more…)
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New York Uniform, Meals and Lodging Rules

February 10th, 2010 Posted by Amelia

employers need to be aware of several recent changes in the Wage and Hour regulations, including rules regarding maintenance of , and .

 

This comes on the heels of news that the New York Department of Labor reached a settlement on January 27, 2010 with a Queens supermarket for not paying grocery baggers at all. Apparently, the food store required baggers to work for tips only, without any wages.  When one complained that this was illegal, he was terminated.

 

The supermarket paid more than $300,000 in back wages to three baggers and reinstated the employee, under the terms of the settlement. 

 

“It continues to frustrate me how employers can continue to flaunt the and simply not their workers. We are glad that the employer agreed to workers the wages they owe them, and to reinstate the worker they fired,” Smith said.

 

The wage and hour changes proposed by the wage board were (more…)

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New York Tipped Minimum Wage is $4.75

January 27th, 2010 Posted by Amelia

Effective January 1, 2010 the for food service workers in New York increased to $4.75 per hour. Under the same regulations, on January 1, 2011 the tipped minimum wage will to $5.00 per hour.

 

Restaurant owners should be prepared for further increases in the tipped minimum wage. The has said that these two increases are just the first step in increasing the tipped minimum wage to the same level as the minimum wage for non-tipped employees, currently $7.25.

 

Several states including Washington already require that tipped employees be paid the same minimum wage as other workers.

 

Under the new regulations, the Labor Commissioner also requires that employers must inform workers of the credit to be taken. If an employer neglects to notify employees, no credit is allowed. This requirement for employers covered under the minimum wage has now been extended to employees covered by the New York state minimum wage . For example, (more…)

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New York Minimum Wage Increase 2009

July 10th, 2009 Posted by Jolie

The New York will by 10 cents from $7.15 to $7.25 on July 24, 2009. Many employers point out that a dime an hour will have little impact for employees, but be a major annoyance for employers.

 

For one thing, every employer has to update his or her and minimum wage posters on that date.

 

However, there is no way to avoid this increase. Under state , the New York minimum wage cannot be lower than the federal minimum wage. On July 24, 2009 the federal minimum wage increases from $6.55 per hour to $7.25 per hour under the FLSA.

 

The federal Fair Labor Standards Act  or FLSA covers employers that engage in interstate commerce and companies with an annual revenue of at least $500,000. These employers are required by FLSA to their workers the federal minimum wage.

 

In 2007, the federal minimum rose from $5.15 to $5.85 per hour. In 2008, the federal rate rose by again to $6.55 per hour. On July 24, 2009, the federal minimum wage will again increase by 70 cents from the $6.55 per hour to $7.25 per hour. (more…)

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