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  • New bill will prohibit employers from asking about an applicant’s salary

    Can I be asked about my current salary during an interview? Is it legal to ask an applicant’s salary history? If Mayor Bill de Blasio signs a bill the NYC Council just approved, the answer to those questions is no. The bill will amend the New York City Human Rights Law to prohibit employers, employment agencies and their agents from

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  • Am I entitled to paid family leave in New York?

    Does New York requirement employers to provide paid maternity, paternity or family leave? Not yet. But soon. Governor Cuomo signed legislation on April 4, 2016 that will eventually provide New York employees with paid family leave. A paid family leave program was enacted that will eventually result in eligible employees being entitled to up to 12 weeks of paid family leave

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  • What documents must New York employers give a new employee?

    This is a question many employers ask and in New York it can be tricky.  Here is an easy guide as to what documents New York employers must give their employees. Form I-9, Eligibility to work in the United States. This is one of the required forms for new hires in New York. You must verify that each new employee

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  • Age Discrimination Claims For Employees Fifty And Over

    In Karlo v. Pittsburgh Glass Works, No. 15-3435, the Third Circuit extended protections under the Age Discrimination in Employment Act (ADEA) to include age-based discrimination, regardless of whether the employees alleged to have been favored were also over 40.   The court’s held that a “subgroup” of employees over 50 had a cognizable claim under ADEA because the statute prohibits

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  • New York Issued Regulations on Employers Paying Employees on Payroll Debit Cards

    New York Department of Labor Posts Draft Model Templates for Payroll Debit Cards and Direct Deposit Notice and Consent Starting on March 7, 2017, New York employers will be required to satisfy certain notice requirements and obtain employees’ informed consent before they pay employees’ wages by debit card or direct deposit. The New York State Department of Labor adopted regulations,

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  • New York Law Now Protects Transgender Individuals

    Although neither federal nor New York law expressly prohibits discrimination on the basis of gender identity or expression, the New York State Division of Human Rights issued regulations that will interpret the state’s anti-discrimination prohibitions to cover transgender individuals. These regulations make discrimination or harassment against transgender applicants and employees unlawful, and require employers to accommodate transgender individuals who have

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  • Does bargaining power matter with non-compete agreements?

    Often times employers give new employees restrictive covenants, such as non-competition, non-solicitation, or confidentiality agreements in a stack of orientation paperwork. Not a good idea. A recent case from New York’s highest court reminds employers not only that it is important to narrowly tailor restrictive covenants, but that it is also worthwhile to take the time to explain the meaning

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  • New York City Freelancers Get More Protections under Freelance Isn’t Free Act

    New York City freelancers will soon have much more protections under the aptly-named Freelance Isn’t Free Act. Catchy. On November 16, 2016, Mayor Bill de Blasio signed into law the Freelance Isn’t Free Act. This Act sets forth requirements when hiring freelance workers, also known as independent contractors. Act becomes effective on May 15, 2017. The Act requires a written

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  • What is the current minimum wage in New York? What is the current tip credit allowed in New York?

      What is the current minimum wage in New York for 2017? What is the current tip credit allowed in New York? These questions often get asked at the beginning of each year.  Here are the answers…   The following is the minimum wage for employees in New York who are not tipped employees: For NYC employers with 11 or

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  • New York’s Salary Threshold for Executive and Administrative Exemptions Are Increasing

    As many had long-expected (including yours truly), the New York State Department of Labor published today (December 29) its final rule increasing the salary threshold for exempt executive and administrative employees in New York State. While the fate of the US DOL’s regulations remains unclear with the incoming Trump administration, New York employers now know that the salary threshold applicable

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  • Being A Parent is Now A Protected Class

    Is it illegal for an employer to discriminate against someone for being a parent? It is now. Family Status is now a protected class.   Under the End Family Status Discrimination Act, “familial status” is now a protected class under the New York State Human Rights Law. What does this mean? Under this amendment, employs may not discriminate against employees based

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  • New York’s Salary Threshold for Exempt Employees Likely to Increase

    The New York State Department of Labor, on October 19, proposed amendments to its existing wage orders that would significantly increase the salary threshold from the current $675 per week. Reflecting the State’s minimum wage level gradual increases, the proposal would raise the salary threshold in tiers: Large Employers (11 or more employees) in New York City $825.00 per week

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