Employment Legislation and Regulations

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or payroll debit card. The regulations were scheduled to take effect on March 7, 2017.

Continue Reading Update: DOL Regulation For Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace. Under New York Labor Law section 194(4), an employer may not prohibit employees from discussing wages, but may establish “reasonable workplace and workday limitations on the time, place and manner for inquiries about, discussion of, or the disclosure of wages.”  The DOL’s new regulations provide guidance on the permissible scope of policies that limit wage discussions as well as the notice employers must provide to employees about such policies.

Continue Reading New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

In October, we wrote about the new NYSDOL regulations for employers who use direct deposit and/or payroll debit cards to pay their employees. The regulations take effect on March 7, 2017 – just about a month from now – and they impose a host of new rules on employers, including the requirement to provide notice and obtain consent from employees who elect to receive wages by direct deposit or payroll debit card.

Continue Reading NYSDOL Releases Proposed Notice and Consent Forms for Direct Deposit and Payroll Debit Cards

Written by Brendan Lowd

Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016.  As expected, the DOL is not going quietly into the night and the parties have engaged in a flurry of court filings as the fight, at least in part, concerning whether the new rule is lawful shifts to the United States Court of Appeals for the Fifth Circuit.

Continue Reading The Saga Continues on the Fate of the DOL’s Overtime Rule

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers.  On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t Free Act, which will go into effect on May 15, 2017.  This new law imposes several significant requirements on freelance work arrangements, which we discuss below.

Continue Reading New York City Enacts Nation’s First Freelance Worker Protection Law

Since a Texas federal judge blocked the U.S. Department of Labor’s overtime rule from taking effect in November, human resource managers, payroll professionals and employment attorneys (including over here at Employment Matters) have been abuzz about the fact that, at least for now, employers do not need to make sweeping changes to their compensation practices to comply with the rule.  What has been less discussed, however, is the impact on New York employers of the New York State Department of Labor’s amendments to New York’s Wage Orders, which become effective on Saturday, December 31, 2016, and which will, among other things, significantly increase the State’s minimum wage rate as well as its the minimum salary thresholds for individuals classified as exempt executives and administrative employees.

The NYSDOL had proposed these changes several months ago and the comment period ended back on December 3rd.  But the final rule was issued just yesterday, unchanged from its proposed form.  With the clock ticking, New York employers must and should pay immediate attention to these changes and should act quickly to fulfill their ongoing notice and posting obligations while adjusting compensation levels accordingly.  We summarize the Wage Order amendments below.

Continue Reading New York State Minimum Wage Rate and Exemption Salary Thresholds Set to Increase

The Trump campaign promised to “repeal and replace” the Affordable Care Act. On the campaign trail, candidate Trump was particularly critical of the ACA’s individual mandate, the subsidization of premium charges to older individuals by younger individuals, and the coverage mandates on insurance products offered on the exchanges. In contrast, he was in favor of keeping the ban on imposing pre-existing condition limitations and allowing dependents to remain on their parents’ coverage to age 26. So we are not without some clues as to the details of the ACA’s replacement.

As the campaign promise morphs into legislation, there are some sources that give us a sense of what the future has in store for the regulation of the U.S. health care system. These include:

This post examines the Trump/Pence transition plan. In the next two posts, we will turn our attention to the Ryan and Price plans. All three plans share common features. The particular elements and terms of these plans have been the subject of much study and commentary. Much less is known about how these components will fit together. Nevertheless, we expect that these plans taken together contain many if not most of the elements of the ACA’s replacement.

Continue Reading The Future of the ACA (Week 3): The Trump Plan, “Healthcare Reform to Make America Great Again”

The Affordable Care Act made fundamental and important changes to the way the United States finances health care. The law did not represent a radical departure from prior law or policy, however. The ACA instead worked within, rather than disrupting, existing market-based, legal and regulatory structures. It reformed, but it did not displace, the private health insurance markets; relied on, but did not displace, employer-sponsored group health coverage; and expanded, but did not displace, Medicare, Medicaid and other existing government programs. There is a simple reason for this. No wholesale departure from these existing structures is politically viable. There is not the collective political will to move to a single payer system (whether British- or Canadian-style); nor is there the collective political will to scrap all government programs in favor of a purely free-market approach (Medicare is too popular, and Medicaid, too necessary). Continue Reading The Future of the Affordable Care Act (Week 2): A Framework for Handicapping Proposals to Replace the ACA

The Affordable Care Act is the single most important piece of Federal social legislation in the United States in more than a generation, but with the election of Donald J. Trump as President its fate is now uncertain. Its core policy concerns and principal goals, i.e., to expand medical coverage, increase the quality of medical outcomes, and constrain costs, nevertheless remain. What is about to change is the “means whereby” these goals might be accomplished.

Even before the new administration takes office, there is at least one thing that seems certain: there will be no going back to the status quo ante. While the law was the subject of withering criticism by candidate Trump and his proxies, their mantra was and remains “repeal and replace.” At the end of the process, it is unlikely that we be back at March 23, 2010 (the date of the ACA’s enactment). We will instead be somewhere else. What remains to be seen is the extent to which the replacement resembles the ACA. This post and those that follow will endeavor to chart the arc of the replacement process. In the weeks and months that follow, we plan to report on, and, with the help of a roster of knowable guests, examine both the process and the outcome.

Continue Reading The Future of the Affordable Care Act (Week 1): Assessing the New Normal

As all HR professionals and employment lawyers know (even those currently living under rocks), the Department of Labor’s final overtime rule is scheduled to go into effect on December 1, 2016 – less than two weeks from now.  The DOL published the rule back on May 18, 2016 providing employers with nearly 200 days to come into compliance.  Many have planned accordingly and are ready to go; others are finally focusing on this issue as the deadline nears.  At the same time, questions continue to arise over the rule’s fate.  In this post, we discuss the current state of play along with some compliance tips for employers.

Continue Reading Uncertainty Continues to Swirl Around DOL’s Overtime Rule as Employers Make Compliance Push