As of 12/31/2017, the Minimum Wage in New York State has increased as indicated in the table below.
|New York State||$10.40|
|Nassau, Suffolk & Westchester||$11.00|
|New York City – 10 or less employees||$12.00|
|New York City – 11 or more employees||$13.00|
*There are different hourly rates for workers in the fast food industry and those who receive tips. Click here to access summaries of wage order rate increases through 2021.
The Minimum Wage rates are scheduled to increase each year on 12/31 until they reach $15.00 per hour. Employers must post a Minimum Wage Information poster in their establishment found here.
Do you have questions about NYS Paid Family Leave or Minimum Wage? Contact the office to speak with one of our HR Business Partners today.
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Starting January 1, 2018, nearly all private employees in New York State are eligible for Paid Family Leave (PFL). PFL provides New Yorkers job-protected, paid leave to bond with a new child, care for a loved one with a serious health condition or to help relieve family pressures when someone is called to active military service.
As an employer:
- Ensure your company has PFL coverage
- Update your payroll processes to collect employee contributions
- Inform ineligible employees about waivers
- Post an employee notice from your insurance carrier (Form PFL-120) stating that you have PFL insurance
Familiarize Yourself with Paid Family Leave Forms and Other Resources provided on the New York State website at: https://www.ny.gov/programs/new-york-state-paid-family-leave
In July 2017, USCIS released the newly revised I-9 form, used to verify employment. This form will be mandatory for all US employers starting September 18th, 2017. Employers must begin using the revised I-9 form by September 18th, 2017 in order to avoid fines and penalties. Although current storage and retention regulations remain the same, there are some alterations with the new I-9 form. The new form streamlines the certification process for certain foreign nationals and revised the USCIS’s “List of Acceptable Documents,” specifically updating the “List C” acceptable documents. It is not necessary for employers to redo I-9’s, but all new hires, revisions, and re-verifications should be completed using the revised I-9 form. Failure to comply in utilizing the revised form for new hires by September 18th, 2017 can result in significant fines of up to $2,200 per violation if an outdated form is used.
Do you or your Company have questions regarding the I-9 revision, or whether or not your I-9 forms are in compliance? Call to speak with one of our HR Business Partners at 631-794-7400.
On May 30, 2017, NYC enacted a law aimed at improving working conditions related to employee work schedules. The law will go into effect on November 26, 2017. Under the regulation, no later than the date a new fast food employee receives their first work schedule, the employer must provide them with a good faith estimate in writing setting forth the number of hours a fast food employee can expect to work per week for the duration of the employee’s employment and the expected dates, times, and locations of those hours.
Fast food employers must also provide employees with written notices of a work schedule containing regular shifts and on-call shifts on or before the employee’s first day of work. For all subsequent work schedules, the fast food employer must provide such notice no later than 14 days before the first day of any new schedule, and schedules must span a period of no less than 7 days and contain all anticipated regular shifts and on-call shifts that the employee will work or will be required to be available to work during the work schedule. Schedules must be posted in a conspicuous place at the workplace that is readily accessible and visible to all employees, and must transmit the work schedule to each fast food employee, electronically if necessary.
Additionally, fast food employers must provide employees with schedule change premiums in addition to their regular shift pay to compensate the employee for changes the employer makes to the employee’s work schedule including canceling, shortening, or moving shifts to another date and time, on-call shifts, and adding hours to shifts already scheduled. Employers must pay the schedule change premiums when the employer pays the employee for wages owed for work performed during that week, and must be separately noted on a wage stub or other form of written documentation and provided to that employee within the same pay period.
Do you have questions about how to how these regulations could impact your business? Speak with one of our HR Business Partners today at 631.794.7400.
In 2016, legislation was passed in NYS to enact an 8-week Paid Family Leave (PFL) program scheduled to go into effect in January of 2018. For these purposes, a family member is defined as a child, parent, grandparent, grandchild, spouse or domestic partner. The definition of a “serious health condition” is similar to the definition under the FMLA. Unless an employer chooses to permit otherwise, any PFL benefit must run concurrently with an employee’s available FMLA entitlement. PFL will be provided through the NYS existing Disability Benefits Law (DBL) and be available to all private sector workers, giving eligible employees the right to a leave of absence and guaranteed reinstatement.
The New York State Department of Financial Services (DFS) has released the 2018 maximum employee contribution rate under the New York State Paid Family Leave Act. A set of proposed Paid Family Leave regulations along with final DFS regulations are also available for review. The premium rate for Family Leave Benefits and the maximum employee contribution for coverage beginning January 1, 2018 will be 0.126% of an employee’s weekly wage up to and not to exceed the statewide average weekly wage, which is currently $1,305.92. The DFS is expected to set the maximum employee contribution on September 1 each subsequent year. Read more about Paid Family Leave updates here: https://tinyurl.com/ychnbf4d
Do you have questions about NYS Paid Family Leave? Contact the office to speak with one of our HR Business Partners today at 631.794.7400.
- Effective 10/09/18: NYS Mandated Sexual Harassment Training (10/4/2018)
- Pay Equity: Increasing Focus and Legislation (9/24/2018)
- Pay Equity: Increasing Focus and Legislation (5/21/2018)
- Sexual Harassment in the Workplace – #MeToo (5/3/2018)
- 2018 Updated W4 Form (4/13/2018)
- NYS Legislative Alerts: Minimum Wage Increases (1/2/2018)
- NYS Legislative Alerts: New York State Paid Family Leave (1/2/2018)
- New I-9 Employment Eligibility form (7/29/2017)
- NYC Enacts Fast Food Worker Protections (7/9/2017)
- NYS Paid Family Leave Updates (6/26/2017)
- NYC Initiates Ban on Salary History Requirement (5/15/2017)
- Preparing for NYS Paid Family Leave (4/14/2017)
- Effective January 1st, 2017: OSHA Injury & Illness Reporting (4/1/2017)
- Upcoming W-2 Filing Deadline 1.31.2017 (1/27/2017)
- Minimum Wage Increases for New York and New Jersey (1/13/2017)
- NYC Enacts Freelance Worker Protections (1/3/2017)
- Annual W-4 Reminder (12/7/2016)
- FLSA Legal Update (11/29/2016)
- NYC Pre-Tax Transit Benefits (1/26/2016)
- New York State Minimum Wage Increase (1/6/2016)
- NYC Enacts “Ban the Box” Law (6/6/2015)
- Annual Wage Notice Requirement Repealed (1/6/2015)
- NYS Election Law Requires Posting 10 Days Prior to Election Day! (10/26/2014)