Get Ready New York Employers: Threshold Salaries for Exempt Employees Are Going Up

The Fair Labor Standards Act and New York Labor Law include exemptions from overtime and minimum wage requirements for employees holding certain executive and administrative positions. In order to qualify for the executive or administrative exemption, an employee must, among other things, earn at least the minimum threshold salary. Under federal law, the current minimum threshold salary is $455 per week ($23,660 per year). However, the minimum threshold salary is higher under New York law and, as of December 31, 2018, is scheduled to rise even higher.

The new minimum thresholds vary depending on the size of the employer and the employee’s work location, as set forth below.

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Summary of Key New California Laws for 2019 (and Beyond): What Employers Should Know

In 2018, Governor Brown signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) and/or Senate Bill (SB).1 The list below is in numerical order by AB or SB.

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Anti-Harassment Training Update for New York Employers: Are You Compliant?

In April, New York governor Andrew Cuomo signed a sweeping budget bill, which included several major amendments to the New York Human Rights Law (NYHRL). One of the most significant aspects of the bill was the mandate that New York employers adopt robust sexual harassment policies as well as provide mandatory anti-sexual harassment training to all employees, not just managers. Specifically, the law requires employers with four (4) or more employees to adopt sexual harassment policies and training consistent with a model policy and model training prepared jointly by the Commissioner of Labor and the New York State Human Rights Division.

That law became effective on October 9, 2018, and New York state has finally released the model materials, an online “Toolkit for Employers”, including a model sexual harassment policy, a model complaint form, and a model interactive training program. All of the state’s model materials are accessible to employers via a website set up by the government.

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Delaware Joins Growing List of States Passing Anti-Harassment Legislation

Delaware is the latest state to mandate that employers provide anti-harassment training to employees. Delaware joins New York, California, Connecticut, and Maine as states that require employers to provide such training. The new law amends the Delaware Discrimination in Employment Act (“DDEA”), and takes effect on January 1, 2019.

While the DDEA already prohibited discrimination based on sex, the recent amendments are devoted to prevention of sexual harassment in the workplace. The new law amends the DDEA to define sexual harassment and provides the same process used for Title VII violations with regard to exhaustion of administrative remedies prior to filing a private lawsuit.

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New Jersey Equal Pay Data Reporting Forms Released

New Jersey’s comprehensive new equal pay law, the Diane B. Allen Equal Pay Act (the “Act”), took effect last month. The law amends the New Jersey Law Against Discrimination (“NJLAD”) by making it a prohibited employment practice for an employer to compensate an employee who is a member of a “protected class” less than the amount paid to employees who are not members of that protected class for “substantially similar work, when viewed as a composite of skill, effort, and responsibility.” Employers can prove a compensation differential is lawful by showing it is due to a seniority system, merit system, or by satisfying several factors including that the differential is based on legitimate, bona fide factors other than the employee’s membership in a protected class, and that the factors supporting the differential are job-related and based on a legitimate business necessity. The Act extends the NJLAD’s two-year statute of limitations to a six-year statute of limitations for wage discrimination claims.

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Massachusetts Equal Pay Act Took Effect July 1, 2018

Massachusetts recently joined a growing list of states amending their equal pay legislation. On July 1, 2018, the Act to Establish Pay Equity, originally passed in 2016, took effect, amending Massachusetts’ existing Equal Pay Act.

The law bans pay differentials on the basis of sex where two people perform comparable work, adopting the more liberal “equal pay for comparable work” standard, as opposed to the federal law’s “equal pay for equal work” standard. Comparable work is defined as work that requires substantially similar skill, effort, and responsibility that is performed under similar working conditions. Like other equal pay laws, employers can plead certain affirmative defenses in response to an employee’s claim of pay discrimination, if the employer can show the pay differential is due to:

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