All employers operating in either New York or New Jersey should take note that — effective immediately — the minimum hourly wage for non-exempt employees has increased. In New York, the minimum wage is now $8.00 per hour. In New Jersey, the minimum wage is now $8.25 per hour. In these states, employers must pay at least the new minimum hourly wage to non-exempt employees for each hour worked. Other than raising the hourly minimum wage, the changes do not alter the way that overtime is calculated.
Tagged: New York Labor Law
Effective November 6, 2012, amendments to Section 193 of the New York Labor Law (“NYLL”) will expand the list of items that private sector employers may deduct from employee paychecks to include, among other things, repayment of pay advances and overpayment of wages. Employers will welcome this amendment to the current version of the law, which limits permissible deductions only to those made for United States bonds, insurance premiums, pension contributions, charitable donations, and payments due to labor organizations (such as union dues).
In January and May 2011, we reported on a series of changes to New York Labor Law contained within the Wage Theft Prevention Act (“WTPA”). These changes are now applicable to all New York private-sector employers (including charter schools, private schools, and not-for-profit corporations). Affected New York employers must provide all employees with written pay notices at the time of hire on or before February 1 in each year.
We previously reported on a series of changes to New York Labor Law contained within the Wage Theft Prevention Act (“WTPA”) that are now applicable to all New York private-sector employers (including charter schools, private schools, and not-for-profit corporations). As discussed in our previous post, the WTPA requires New York employers to provide all employees with written pay notices at the time of hire and on or before February 1 of each year that include: the employee’s rate or rates of pay; the overtime rate of pay, if the employee is nonexempt; the basis of wage payment (e.g., per hour, per shift, per week, piece rate, commission, etc.); the allowances to be claimed against the minimum wage (e.g., tip, meal, and lodging allowances); the regular pay day; the employer’s name and any name under which the employer conducts business; the physical address of the employer’s main office or principal place of business (if different from the mailing address); and the employer’s telephone number.
On December 14, 2010, New York Governor David Patterson signed the Wage Theft Prevention Act (“WTPA”), a new law that significantly changes the wage and hour landscape for all New York employers. This amendment to the New York Labor Law targets those employers who engage in “wage theft” by underpaying employees. In application, however, the WTPA will affect all New York employers by imposing burdensome notification and recordkeeping requirements, expanding the scope of penalties for violations, and increasing opportunities for employment litigation through strengthened anti-retaliation provisions. In compliance with these new amendments, New York employers will need to amend their payroll practices on or before April 12, 2011.