Employment Matters Blog - A blog about current developments & issues in employment, labor & benefits law

By Michael S. Arnold

New York State Department of Labor has released proposed regulations under its recently enacted Wage Deduction Law.  The Law, which went into effect in November 2012, permits employers to deduct certain amounts from employees’ wages, including deductions to recover wage overpayments, for repayments of employer loans, and to provide for the payment of items such as gym memberships, parking or mass transit passes and day care, among many other items.  The proposed regulations, accessible here, focus on authorized deductions for the benefit of the employee and deductions for advances and overpayments. 

By Michael S. Arnold

Here we go again.  Fresh off its passage of a law prohibiting unemployment discrimination, the New York City Council is now poised to pass a law requiring employers to provide paid sick leave to their employees.  If passed, the law would likely affect more than 1 million New York City workers who do not currently receive this type of benefit. 

Continue Reading

By Michael S. Arnold

Following up on our earlier posts (here and here), tomorrow, March 13, 2013, the New York City Council’s Committee on Civil Rights will determine whether to send the new unemployment discrimination law (No. 814-A) to the full New York City Council for a vote on whether to override Mayor Bloomberg’s veto of that law.  If it does, the full Council will vote on whether to override the veto that same day.  A spokesperson for Councilmember Leroy Comrie, one of the bill’s sponsors, stated that they are confident of an override, which needs 34 votes.  The law had previously passed by a 44-4 margin.  We will report back if and when a vote is held. 

By Michael S. Arnold

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed.  While several other jurisdictions (such as New Jersey, Oregon and Washington D.C.) have recently passed similar laws, the New York City measure goes one (major) step further: if enacted, unemployed individuals who believe they have been discriminated against on the basis of their employment status will have the right to sue in court and recover compensatory and punitive damages, as well as attorneys’ fees. 

Continue Reading

By Michael S. Arnold

Several members of the New York City Council have introduced a bill that would amend the City’s Human Rights Law to permit employees to waive a Human Rights Law claim only where the waiver is “knowing and voluntary.”  Such a statutory (rather than common law) knowing and voluntary requirement currently only applies to waivers of Federal age discrimination claims.  The bill aims to capture not just the waiver of age discrimination claims under the City Human Rights Law, but also any other type of discrimination claim an employee may assert under the City law (e.g. race, gender, national origin, sexual orientation, etc.). 

Continue Reading

By Michael S. Arnold

This is just a friendly reminder that starting Thursday, November 8, 2012, New York’s Wage Deduction Law will permit employers to deduct certain amounts from their employee’s wages, including deductions to recover wage overpayments, for repayments of employer loans, and to provide for the payment of items such as gym memberships, parking or mass transit passes and day care, among many other items.  For more information about this law, click here.  The complete amendment to the Wage Deduction Law can be accessed here.

By Michael S. Arnold

Governor Cuomo has finally signed a bill amending New York’s Wage Deduction law (Section 193) to permit employers to deduct certain amounts from employee wages to recover wage overpayments and for the repayment of employer loans.  The law also permits employers to deduct certain amounts from an employee’s paycheck, for the payment of items such as gym memberships, parking or mass transit passes and day care, among many other items. 

Employers have long been frustrated by their inability to make these types of deductions, especially as they often benefit the employee as well as employer.  The law goes into effect on November 8, 2012. 

The complete amendment can be accessed here.

By Michael S. Arnold

New York employers will be pleased to know that Governor Cuomo is expected to sign a bill passed last week amending New York’s Wage Deduction law (Section 193) to permit employers to deduct certain amounts from employee wages to recover wage overpayments and for the repayment of employer loans.  The law also permits employers to deduct certain amounts from an employee’s paycheck for the payment of items like gym memberships, parking or mass transit passes and day care, among many other items.  Employers have long been frustrated by their inability to make these types of deductions, especially as they often benefit both the employer and employee.  This change, which will take effect two months after the Governor signs the bill, is likely to be welcomed by employers and employees alike.  The complete amendment can be accessed here.

By Michael S. Arnold

Quick update on the New York Wage Theft Prevention Act, which we reported about here, here and here. The New York Senate has passed a bill eliminating the requirement that employers provide their employees with an annual pay notice. The bill now goes to the New York State Assembly. We will report back after it votes.

By Michael S. Arnold

Employers should take notice of a recent case out of the Southern District of New York, Raniere v. Citigroup, Inc., 11 Civ. 2448, 2011 WL 5881926 (S.D.N.Y. Nov. 22, 2011) (Sweet, J.), in which the court concluded that a Fair Labor Standards Act collective action waiver included in an arbitration agreement is unenforceable as a matter of law. (As discussed in a previous blog entry, collective actions are distinct from the more-commonly discussed class actions.)

Continue Reading