Compensation Solutions Blog
Human Resources Outsourcing (HRO PEO ASO)
Federal Employee Misclassification Protection Legislation Introduced
Late last week, Ohio Senator Sherrod Brown introduced the Employee Misclassification Protection Act (EMPA), which would prevent and penalize workers from misclassifying workers as independent contractors, and provide those workers with the protections and benefits they would have earned. The legislation would amend the Fair Labor Standards Act and the Social Security Act.
Employers would be [...]
New York, Ohio Deal with Reduction in Force Notice Laws
The New York State Department of Labor has substantially revised its New York State Worker Adjustment and Retraining Notification Act (NYS WARN) regulations. The state statute, which took effect February 1, 2009, is more stringent than the federal law in that ninety (90) days’ written notice of a mass layoff, plant closing, covered reduction in [...]
New York Department of Labor Reverses Position, Limits Payroll Deductions
According to a new interpretation of New York Labor Law 193 by the New York Department of Labor, employers are no longer allowed to make certain deductions from an employee’s paycheck, including but not limited to deductions for salary overpayments, salary or benefit advances or tuition. This is true even if the employee has approved [...]
New York Changes Wage and Hour Laws for Hotel and Restaurant Workers
The New York State Labor Commission adopted several changes to wage orders in place for hotel and restaurant workers. The order is effective 30 days after publication of a notice of filing with the Secretary of the Department of Labor in at least 10 newspapers of general circulation in New York.
The adopted changes include:
Increasing [...]
New York Strengthens Retaliation Protection for Workers
Under a new law passed this week, employers will face increased fines if they attempt to retaliate against any worker who complains about being underpaid or being mistreated on the job. The fines have been increased from a range of $200-$1,000 per employee violation to $2,000-$10,000.
Retaliation is the second-highest EEOC complaint, closely following race discrimination. [...]
New York Requires Mandatory Nurse Coverage Plans As Alternative to Overtime
The State of New York prohibits health care providers from requiring mandatory overtime for nurses under New York Law 167. On October 13, 2009, the State Department of Labor issued regulations requiring health care employers to provide “Nurse Coverage Plans” on October 13, 2009. The plan must identify alternative staffing alternatives a health care employer [...]
New York Bans Texting While Driving; Follows Executive Order for Federal Workers
Effective November 1, New York became the latest state to ban texting while driving. The new law specifically prohibits the use of mobile devices for reading, typing and sending out text messages while driving.
The law is a “secondary law;” that is, a driver must be pulled over for another reason in order to be fined [...]
New York Issues Mandatory Pay Rate Form to Comply With NY Labor Law 195
Under Section 195 of the New York Labor Law, you are required to notify new hires, upon hire, of their rate of pay, their overtime rate if they are classified as non-exempt employees, and their regular pay day. All such notification must be in writing, and employees will be required to sign an acknowledgement of [...]
New York Strengthens Ability to Hold ERs Accountable for Wage and Hour Violations
As of November 24, 2009, the Commissioner of Labor will have the authority to prosecute claims to collect unpaid or underpaid wages before administrative judges within the Department of Labor. It also allows the judge to impose liquidated damages on the employer unless the employer can show that it had a good faith basis to [...]
New York Requires ERs to Disclose More Information to New Hires and Terminated EEs
Under Section 195 of the New York Labor Law, employers are required to notify employees, upon hire, of their rate of pay and their regular pay day. Effective October 26, 2009, all such notification must be in writing and include, for non-exempt employees, both their regular and their overtime rates of pay. Further, employees will [...]