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.
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.
My colleague Patricia Moran, wrote a Law360 article entitled In The ACA Age, Employee Handbooks Can Help — Or Hurt as a follow up to her latest post, Have You Reviewed your Employee Handbook for Affordable Care Act Compliance? In the article, Moran urges employers to review their health and welfare benefit documentation for ACA compliance. Given the anticipated increase in IRS audits, she notes that an employee handbook can be great tool to ensure compliance with the ERISA and the ACA. In addition to outlining the value of an ACA compliant handbook, Moran also examines common noncompliance issues.
The D.C. Mayor’s office recently issued employee pay notices templates that employers may use to satisfy the pay notice requirements under D.C.’s new Wage Theft Prevention Amendment Act. The Act, which took effect on February 26, 2015, requires employers, among other things, to provide written pay notices to all new employees at the time of hire, and to existing employees by May 27, 2015. The Department of Employment Services’ website has now made available a template for general employers and a template for temporary staffing firms. Employers should now move forward with providing notices to all new and existing employees, but they need only do so in English and not in the employee’s primary language unless and until the Mayor’s office releases a template in that language.
The D.C. Council has passed emergency legislation to address certain ambiguities in and other issues raised by D.C.’s Wage Theft Prevention Amendment Act, which takes effect on February 26, 2015. As we noted last month, the Act’s language as previously written was unclear on whether exempt employees were subject to the Act’s heightened recordkeeping requirements. The emergency legislation directly addresses this ambiguity, and makes clear that employers are not required to record the “precise time worked” for exempt employees. In addition, the emergency resolution clarifies that employers are not required to pay “bona fide administrative, executive, and professional” employees at least twice per month, but rather must pay such employees at least once per month.
Last October, we reported on DC’s soon-to-be-enacted DC Wage Theft Prevention Amendment Act. This Act, which amends several existing DC wage and hour laws, includes new notice requirements and retaliation protections, increases employer liability for wage and hour violations and introduces a new administrative hearing process — all changes that employers with DC-based employees need to be aware of.
Written by Michael Arnold
Confirming earlier reports, New York employers will not have to distribute New York State Wage Theft Act Annual Pay Notices in January 2015 or thereafter.
Written by Michael Arnold
Okay, so despite our previous post saying the opposite, employers likely will not have to distribute New York State Wage Theft Act Annual Pay Notices after all. We had good reason to report it the other way a couple of weeks ago as the Governor still had not signed the bill repealing this requirement and even if he did so, it wouldn’t have taken effect for 60 days – well after this January’s notice distribution requirement.
But we just learned, courtesy of Bond, Schoeneck & King’s John Bagyi, Esq., that the legislature just sent the bill to the Governor who is expected to sign it. At the same time, apparently the legislature and the Governor have agreed to amend the bill in early 2015 to make the repeal effective immediately so that employers will be relieved of the need to distribute the notices. This is welcome news for employers (even those who have already taken steps to prepare their notices and are probably rightfully frustrated).
We will confirm when the Governor signs the bill and if the repeal is actually effective immediately. Stay tuned.
Written by Patricia Moran
On or before October 1, 2013, most employers are required to distribute a notice to their employees informing them about the new Health Care Reform Marketplace (also known as “the Exchanges”). Here are the highlights of this new requirement:
Today, the U.S. Court Court for the D.C. Circuit struck down a rule proposed by the NLRB that required employers to post workplace notices describing employees’ rights to form a union or face a possible unfair labor practice charge. You can read the decision, National Association of Manufacturers v. NLRB, or click here for a summary of the decision posted at Workplace Prof Blog. Click here for links to our earlier posts on this topic.