July 19, 2017

An employer cannot offset wages that were overpaid in subsequent paychecks if it would result in a violation of the minimum wage or overtime laws, and there may be certain classes of payments which cannot result in an offset.  If your employer attempted or acted to wit...

July 16, 2017

This article deals only with straight overtime calculations.  There are other posts that respectively discuss the phenomenon of split-shift time, spread of hours, call in time and tipping.   We also deal with regularly scheduled workweeks and paydays in different artic...

July 3, 2017

Rounding is when employers round the employees’ time to the nearest five, six or fifteen minutes of an hour.  New York has no independent rounding regulations, so the state follows the federal guidelines, which establish these three rounding time periods. 

Rounding...

February 28, 2017

Most businesses pay employees the correct amounts, and often give bonuses and incentives for performance over and above the wages each worker has earned.  Most wage and hour violations are in inadvertent and unintentional.  However, an abundance of caution is warranted...

February 28, 2017

These unintuitive additions to the wage and hour law are often overlooked.  By my estimates, there are hundreds of millions of dollars in un-asserted wage and hour claims walking around the country every day based on the failure to meet these requirements.  A good numb...

February 28, 2017

Attention business owners with over fifty employees - new FMLA forms were published this year with a few minor changes by the DOL.  Although employers are not required to use these forms, it is advisable in order to ensure compliance with the FMLA.  However, as is ofte...

February 28, 2017

An issue businesses and schools are facing with increased frequency is the proper classification of employees under state and federal wage and hour laws.  Businesses have been feeling that the DOL is increasing scrutiny on independent contractor arrangements, and it’s...

February 28, 2017

New York’s proposed salary threshold requirement for executive and administrative employees, if adopted, is set to out-pace the currently stalled federal EAP salary exemption.  As discussed HERE, a federal court in Texas has issued an injunction preventing the increase...

February 28, 2017

As an employer, you have by now heard that a Federal Court in Texas has prevented certain overtime rules from taking effect.  In short, the federal judge issued an injunction preventing the U.S. Department of Labor from implementing regulations which increased the mini...

February 28, 2017

If you’re one of the businesses that receive the 6,400 notifications that come from the NYS DHR annually, it’s important that you know that neither the notification of the start of a investigation, nor an investigative determination finding probable cause and recommend...

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