Arbitration of employment issues was rare before the 1990’s. In fact, in 1992, a little more than 2 percent of the U.S. workforce was subject to mandatory arbitration for employment disputes.
A study done by the Economic Policy Institute showed that use of mandatory arbitration rose after a series of Supreme Court decisions that began in 1991.
Federal Laws Take Precedence Over New NY State Law.
Mandatory arbitration agreements have recently born the brunt of hostility in New York. However, the aggressive sentiment against them does not seem to be changing the outcome.
What Pay Rates Include and Can Exclude
Overtime rates received clarification when the DOL announced a Final Rule on December 12, 2019 that goes into effect January 15, 2020.
This is the first DOL substantial update in over 50 years that affects regular rate requirements. It tells employers what payment employers should include and should exclude in the time and a half, overtime pay calculation. It also greatly enables employers to offer perks and benefits to employees.
How Do Perks and Benefits Figure into Regular Pay and Overtime Rates?read more
Cuomo Vetoes Liens Against Employers
The Unpaid Wages Lien Bill passed by the NY State Senate and Assembly would have permitted employees to obtain liens against their employer’s real and personal property. The bill allowed for liens when employees claimed their employers owed them unpaid wages.
The intent of the Unpaid Wages Lien Bill 2844–B was to give employees more extensive rights to deal with wage theft. Specifically, the bill would have allowed them to hold shareholders of non-publicly traded corporations personally liable for wage theft. Wage theft victims would have been able to hold the ten members, who held the largest interests in a company, personally liable for wage theft.read more
2020 Ushers in Significant Tip Credit Changes for Certain Industries
Queens New York Labor & Employment Lawyers
Tip credit law changes are part of a new law that the Governor of New York recently announced. By the end of 2020, certain “miscellaneous” industries will no longer be able to take tip credits.
Except for the agricultural, hospitality and building services industries, all New York employers in other industries will not be able to claim tip credits for their employees who receive tips.read more