As we previously advised, as part of the 2016-17 New York State budget, Governor Cuomo signed into law a staggered set of minimum wages increases that will over a period of several years increase the hourly minimum wage in New York State to $15.00 for all workers in all industries across the state.
On September 24, 2019 the United States Department of Labor (“DOL”) issued its new final rule for determining whether executive, administrative and professional employees are exempt from overtime pay under the Fair Labor Standards Act. The rule, which will take effect on January 1, 2020, will increase to $684 per week ($35,564 per year) the federal salary threshold that must be met to qualify for the so-called “white collar exemption.” The new salary threshold will not be indexed for inflation.
In response to the #MeToo movement, New York State and New York City have recently enacted sweeping and partially overlapping workplace anti-sexual harassment laws, some provisions of which have already gone into effect while others will go into effect between now and April 1, 2019 (as indicated below). The new laws apply to both staff employees (full-time and part-time) and, for staffing firms, consultants/temporary employees who are their employees. Perhaps the most significant of the new provisions is mandatory annual sexual harassment training for employees.
On May 5, 2018, an amendment went into effect expanding and renaming New York City’s Earned Sick Time Act (the “Act”). Since the Act went into effect on April 1, 2014, it has required private sector employers with 5 or more New York City-based employees to provide such employees with paid sick leave of up to 40 hours per twelve-month calendar year, and private sector employers with fewer than 5 New York City-based employees to provide such employees with the same amount of unpaid sick leave.
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