Labor Employment Law Blog

By James Hays and Rebecca Hirschklau

All employers are familiar with race, gender, age, disability and many other protected classifications under the myriad of Federal and state fair employment practices acts. It now appears that there is a growing trend to add “unemployed” to that list. While unemployment rates appear to be on the decline, 8.3 percent of the population remains unemployed, up more than 3 percent from where it was less than four years ago. When unemployment rates are high, employers invariably become inundated with candidates for the limited openings that may become open and available. So much so that some employers have taken to disqualifying potential applicants by advertising that “the unemployed” need not apply. In light of this recent development in job advertisements, Congress and several state legislative bodies have started to amend their anti-discrimination laws to add “unemployed status” as a protected class.

We write to remind you of your obligation to provide your New York State based employees with a written notice and acknowledgement of pay rate and payday in compliance with the New York State Wage Theft Prevention Act, as detailed below. This written notice must be provided and acknowledged as received, by February 1, 2012.

By James R. Hays and Jonathan Sokolowski

As we have previously written on this blog, New York’s Wage Theft Prevention Act (“WTPA”) requires employers to provide annual pay notices to employees between January 1 and February 1. Accordingly, all New York employers must provide the required notices starting January 1, 2012.

On April 9, the Wage Theft Prevention Act (“WTPA”) will officially take effect. In connection therewith, the New York State Department of Labor (“NYSDOL”) has issued model notices, as well as guidelines, instructions and frequently asked questions (“FAQ’s”), concerning the WTPA’s requirements.

The New York State Department of Labor's "Hospitality Wage Order" ("wage order") took effect on January 1, 2011. The wage order brings the restaurant and hotel industries under a single set of laws and abolishes the former orders which dealt with these industries separately. While the wage order modifies a number of current requirements relating to wages, uniforms and employee meals, as set forth below in more detail, it also subjects gratuities to regulations for the first time in New York State.

On December 10, 2010, Governor David Patterson signed the Wage Theft Prevention Act (“WTPA”). The WTPA will take effect on April 9, 2011. As set forth in more detail below, the WTPA amends the New York Labor Law (“NYLL”) in a number of ways by providing additional protections for employees while subjecting employers who fail to comply with the WTPA’s requirements to more severe penalties.

On October 26, 2009, Section 195.1 of the New York Labor Law took effect. Section 195.1 requires New York employers to notify employees in writing at the time that that they are hired of their rate of pay and of their regular pay day. Further, if the employee is covered by a provision of the applicable federal or state overtime laws, then the notice must also inform each employee of his/her overtime rate.