Monday, September 18, 2023
Friday, September 15, 2023
Wednesday, September 13, 2023
The New York Department of Labor has proposed a new rule intended to increase pay transparency in accordance with Labor Law 194-b, which statute (not the new rule) first becomes effective 9/17/2023.
Key Proposals:
· Employers are now required to include a range of compensation on job postings.
· The rule would not apply to government agencies or “Temporary Help Firms”.
· The Range of Compensation cannot be open ended, i.e. “$20 per hour and up”, it needs a "good faith" minimum and maximum. Good faith means the amount the employer legitimately believes they are willing to pay a successful applicant at the time the job is posted.
· Any current or potential employee affected by a violation can file a complaint under the proposed rule, as can the Commissioner of the Department of Labor.
Why it Matters:
· The range of compensation can’t include other forms of compensation; i.e., $18 per hour plus $10 per hour in expected tips cannot be posted as $28 per hour. This is good for employees because it reduces the risk of employee exploitation.
· The rule is not overly restrictive for employers; it allows them to adjust the range of compensation after collecting additional information through the hiring process.
· The rule is a good effort at striking a balance between the rights and needs of employees and employers.
Public comment can be made until November 12, 2023 at email: regulations@labor.ny.gov.
Monday, September 11, 2023
Friday, September 08, 2023
Thursday, September 07, 2023
Key Amendments
Now, the law defines:
"Political matters" as "matters relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization."
"Religious matters" as "matters relating to religious affiliation and practice and the decision to join or support any religious organization or association."
Under the amended law, employers cannot force employees to attend meetings or listen to / view communications primarily designed to express the employer’s opinions on Religious matters or Political matters.
There is also a notification requirement where employers must post a sign in workplaces informing employees of their rights as per this section.
Effective 9/6/2023, employers who steal wages are guilty of larceny under Penal Law 155.
Per the bill's, A154A, justification, "[a]ccording to Cornell University's Worker Institute, wage theft in New York accounts for nearly $1 billion in lost wages each year and affects tens of thousands of workers - that's close to $20 million per week."
Yet, employees who experience wage theft should also remember that they can bring civil claims to get that stolen money back through the New York Labor Law and Federal Fair Labor Standards Act, together with liquidated damages and more.
That means that if your employer takes your money or doesn't pay as frequently as required or doesn't pay overtime, you have rights to sue for your Wages and Hours.