Labor Law

“Weingarten Rights”: What They Are, and What They Are Not

Labor Law, Unions, Workplace Investigations /

A unionized employee who is subject to an investigatory interview that could lead to his/her discipline may request that a union representative be present during investigatory interviews that may lead to his or  her discipline.  While seemingly simple, this right, commonly referred to as “Weingarten rights,” is greatly misunderstood by both employers and employees. What’s a […]

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Paid Leave for COVID-19 Vaccinations

Covid-19, Labor Law, Leaves, Retaliation, Vaccination, Workplace Vaccinations /

On March 12, 2021, Governor Andrew Cuomo signed a new law granting employees paid leave time to receive Covid-19 vaccinations.  Under this new law (New York State Labor Law §196-C), every employee must be provided a paid leave of absence from his or her employment for a sufficient period of time, not to exceed four

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INCREASE IN MINIMUM WAGE ON LONG ISLAND AND WESTCHESTER COUNTY

Labor Law, Overtime, Personnel Policies, Wage and Hour Issues, Wages /

The minimum wage increased on December 31, 2020 on Long Island as well as Westchester County from $13.00 per hour to $14.00 per hour. All employees must be paid at least that amount of monies per hour for all hours worked, plus time-and-a-half for overtime. Feather Law Firm, P.C. strongly urges all employers to pay

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Governor Cuomo Announces Paid Sick Leave, Job Protection for Quarantined Workers

Labor Law, Personnel Policies, Uncategorized /

Gov. Andrew Cuomo announced Tuesday that the New York State Legislature has agreed to a paid sick leave policy and job protection for New York employees quarantined by COVID-19. For workers who are subject to mandatory or precautionary orders of quarantine or isolation, the new legislation provides that employers with 10 or fewer employees and

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United States Labor Department Releases Final Joint-Employer Rule

Fair Labor Standards Act (FLSA), Labor Law, Overtime, Wages /

On January 12, 2020, the U.S. Department of Labor (USDOL) issued a final rule narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA) and providing clarity to businesses about franchise and contractor relationships. In its first significant update to the joint-employer rule in more than sixty (60) years, the USDOL created

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DOL Says Certain Gig-Economy Workers Aren’t Employees

Fair Labor Standards Act (FLSA), Labor Law, Worker Classification /

According to a recent opinion letter from the U.S. Department of Labor (USDOL), at least some gig-economy workers who find jobs through smartphone apps—such as drivers for ride-hailing services—are not covered by the federal Fair Labor Standards Act (FLSA). The distinction between an employee and an independent contractor is significant: Employees are entitled to minimum

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Equal Pay Protections Expanded

Discrimination, EEOC, Fair Labor Standards Act (FLSA), Labor Law, Wage and Hour Issues, Wages /

In late 2019, New York State expanded equal pay protections to employees of all classes and characteristics covered by the State’s anti-discrimination in the workplace law. As a result, pay discrimination claims can be based not only on gender, as the prior law had mandated, but also age, race, creed, color, national origin, sexual orientation,

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Salary Threshold for Exempt Employees Increased as of December 31, 2019

Labor Law, Overtime, Wage and Hour Issues, Wages /

In order to be considered exempt from overtime in New York State, an employee must earn a minimum salary. That minimum has increased as of December 31, 2019. In 2020, in order to be considered exempt from overtime, an employee working for a New York City employer will have to earn a minimum of $1,125

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Federal Overtime Threshold Increases on January 1, 2020

Labor Law, Wage and Hour Issues /

Effective January 1, 2020, the federal white-collar exemption, which was $455.00 per week ($23,660.00 annually) in 2019, will be raised to $684.00 per week ($35,568.00 annually).  Any employee under the $35,568.00 limit will be deemed a non-exempt, hourly wage earner eligible for overtime.  In addition, the threshold for the exemption for highly compensated employees –

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