The first of three increases to the New York State minimum wage will take effect on December 31, 2013. The minimum wage will increase to $8.00 per hour on December 31, 2013; $8.75 per hour on December 31, 2014; and $9.00 per hour on December 31, 2015. Currently, the…
In 2012, the New York State legislature amended section 193 of the New York Labor Law, which governs unlawful deductions from pay. One year later, the New York State Department of Labor has issued guidance on the revised unlawful wage deduction statute by issuing final regulations clarifying the scope of permissible…
In an apparent case of first impression, Judge Harold Baer of the United States District Court for the Southern District of New York, denied defendants’ motion to compel the arbitration of a collective and class action for overtime pay filed by financial advisors under the Fair Labor Standards Act (“FLSA”)…
Earlier this year, Governor Andrew Cuomo signed legislation increasing the New York State minimum wage in three stages. Currently, the New York and federal minimum wage rate is $7.25 per hour. The legislation was included in the new budget, and provides that the minimum wage rate will increase to $8.00…
The U.S. House of Representatives has taken a major step toward a significant amendment to the 75 year old Fair Labor Standards Act (FLSA). On May 8, 2013, the U.S. House of Representatives passed the “Working Families Flexibility Act of 2013” (H.R. 1406). The bill, which is now in the…
Earlier this month, on March 5, 2013, a bill was introduced to increase the federal minimum wage from the current hourly rate of $7.25 to $10.10. According to the proposed Fair Minimum Wage Act of 2013 (S.460, H.R. 1010), the minimum wage would increase by .95 each year for three…
On March 4, 2013, AMC Entertainment Inc. was named a defendant in an overtime lawsuit, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. The complaint, which was filed in the United States District Court for the Southern District of New York, alleges that AMC…
Section 196-d of the New York State Labor Law prohibits an employer or his “agent” from participating in a tip pool intended for employees. At issue in Barenboim v. Starbucks Corporation, No. 10-4912-cv, (“Barenboim”), is whether a Starbucks “shift supervisor” is an “agent,” and, thus, not permitted to share in…
On September 8, 2012, Governor Andrew Cuomo signed legislation amending section 193 of the New York Labor Law, which prohibited all but a narrow category of deductions from employee wages. The amendment expands the scope of permissible deductions, including permitting employers to recover wage overpayments as well as employee loan…
Section 193 of the New York Labor Law currently permits an employer to make wage deductions only for items that are authorized by law, and items that an employee has authorized and are “for the benefit of the employee.” The scope of permissible deductions is relatively narrow, and is expressly…