labor lawAdivision of labor law center

The New York State Labor Department has reversed a policy implemented in late 2009, which would have required every New York employer to use the same wage notification form for new employees.

New York employers are still required to notify every new employee in writing of the employee’s:

• Hourly rate
• Overtime rate if applicable
• Payday

However, employers can use any form they already have in place, or create a new one, to provide such notification.

New York employers must receive written acknowledgment of this wage notification from employees. The most common way to do this is for the employee to sign a copy of the notification and return it, while keeping one copy for the employee’s records.

In late October 2009, the New York Department of Labor issued a mandatory form to be used by all temporary agencies. Shortly thereafter, the department posted an online notice with a mandatory form to be used by all New York employers (other than temp agencies) to comply (more…)

The U.S. Department of Labor recently issued regulations concerning the use of military leave and expanded FMLA leave for military caregivers.

Speaking on the release, Labor Secretary Elaine L. Chao said, “This final rule, for the first time, gives America’s military families special job-protected leave rights to care for brave service men and women who are wounded or injured, and also helps families of members of the National Guard and Reserves manage their affairs when their service member is called up for active duty.” The Secretary added, “At the same time, the final rule provides needed clarity about general FMLA rights and obligations for both workers and employers.”

The new regulations expand the qualifying family members, for military leave purposes. Traditionally, the FMLA or Family and Medical Leave Act has defined an “immediate family member” as a son or daughter, parent or spouse. Sons and daughters were covered only if they were under the age of 18, or unable to care for themselves. Under the military family leave provision of (more…)