Bill Signed By Gov. Cuomo Repealing the Annual Wage Notice in NYS

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

Yes, it is signed, sealed, delivered…and confirmed!

According to Governor Cuomo’s staff, the Governor signed bill A.8106-C/S.5885-B, which includes an amendment to the Wage Theft Prevention Act eliminating the annual wage notice requirement for all employees.  http://www.labor.ny.gov/workerprotection/laborstandards/employer/wage-theft-prevention-act.shtm

As reported in a previous post, in order to make the amendment effective in time to eliminate the annual wage notice requirement for 2015, legislative leaders and the Governor have agreed to a chapter amendment that will make the change effective immediately. Based on this agreement, the New York State Department of Labor will not require the annual wage statements in 2015. (Remember, employers are still required to provide new employees with a wage notice at the time of hire.)

I think I can speak for our clients, and my peers in the HR profession when I say, “THANK YOU Governor Cuomo and the New York State Legislature for starting our 2015 with this great news!”

On behalf of everyone at DRIVEN HR, I want to wish you a very Happy, Healthy, and Safe New Year!

Frank-

Please feel free to contact me at frank@drivenhr.com, or 585-672-4142, x15 with questions or for more information.


Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here. 

Click HERE to learn more about Frank Cania, author of Employers’ HR Advisor.

Update: Gov. Cuomo Expected To Sign Bill to Repeal the Annual Wage Notice in NYS

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

Call it an early holiday present to New York State employers, or call it long over-do, but according to my sources in Albany, A.8106-C/S.5885-B, the bill that includes the repeal of the annual pay notice under the Wage Theft Prevention Act, was sent to the Governor today for his signature!

As readers of this blog know, the amendment would make the change effective 60-days from the date the bill was signed into law. However, in order to make the amendment effective in time to eliminate the notice requirement for 2015, an agreement is in place between the Legislature and the Governor to make a chapter amendment to the bill that will be passed and approved in early January 2015. That amendment will, among other things, relieve New York State employers of any further obligation to issue the annual wage notice.

Thank you Governor Cuomo and the New York State Legislature for making one of my Christmas wishes come true!

Happy Holidays!

Frank-

Please feel free to contact me at frank@drivenhr.com, or 585-672-4142, x15 with questions or for more information.


Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here. 

Click HERE to learn more about Frank Cania, author of Employers’ HR Advisor.

Delayed Enforcement Is Not A Free Pass On Compliance

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Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

[Author’s Note: Although the topic of this post is specific to the home health care and the companionship overtime exemption, the broader concept is applicable to all businesses. That said, please continue reading regardless of your industry.)

Earlier in 2014, the federal Department of Labor (“DOL”) announced a significant change to the definition of companionship servicesunder the Fair Labor Standards Act (“FLSA”). Ultimately, this change prohibits third-party employers, such as home care and home companionship agencies, from classifying employees as exempt from the overtime regulations under the companionship exemption. As was intended, beginning on January 1, 2015, a significant number of domestic service workers will become eligible for overtime for all time worked over 40 hours in a workweek. Continue reading