This program is provided for information purposes

Transcript:This program is provided for information purposes:
This program is provided for information purposes only and should not be considered as legal advice or a solicitation to provide legal services. The information in this program is not intended to create, and your review of or participation in it does not constitute an attorney/client relationship. 1 Disclaimer 2022 New York State Employment Law Update Chloe J. Macdonald and Edward J. Steve March 4, 2022 Wage and Hour Paid Family Leave HERO Act Whistleblower Law Electronic Monitoring New York Retirement Plan COVID-19 Litigation NLRB Arbitration of Sexual Harassment Claims Recreational Marijuana Employee Wellness Agenda Wage and hour Minimum Wage NYC/Long Island/Westchester – $15.00 Remainder of NYS - $13.20 Food Service - $15.00 Exempt Salary Basis NYC/Long Island/Westchester $1,125.00/week $58,500 annually Remainder of NYS $990.00/week $51,480 annually Wage and hour Class Actions for Late Payroll Phillips v. Max Finkelstein, Inc., 73 Misc. 3d 1 (N.Y. App. Term. 2021) Employees who were not paid on time may be entitled to the amount of pay that was paid late, as liquidated damages, plus attorneys’ fees, costs, and pre-judgment and post-judgment interest This is recoverable even if the employer fixes the mistake before the claim Claims can be brought as class actions Wage and hour What is a manual worker? Section 190(4) of the New York State Labor Law defines a “manual worker” as “a mechanic, workingman or laborer.” It has been the longstanding interpretation of this Department that individuals who spend more than 25% of working time engaged in “physical labor” fit within the meaning of the term “manual worker.” Furthermore, the term “physical labor” has been interpreted broadly to include countless physical tasks performed by employees. Wage and hour TAKEAWAYS Be sure you are paying at or above minimum wage Exempt employees generally have to meet the salary threshold Pay manual workers on time Generally weekly Not-for-Profits may pay semi-monthly Federal, state and local government employers are not covered PAID FAMILY LEAVE Up to 12 weeks of leave at 67% of their average weekly wage (up to cap). 2022 increases: State Average Weekly Wage increased to $1,594.57 Maximum weekly benefit is $1,068.36 (~$96 increase from 2021) Maximum annual contribution is $423.71 Per new law signed in November of 2021, effective January 1, 2023, siblings included in definition of family member. PAID FAMILY LEAVE TAKEAWAYS Review your policies and procedures for compliance! HERO ACT – Safety Committee Effective November 1, 2021, employers