News & Analysis as of

New York State Labor Laws Labor Law Violations

Venable LLP

Staying Compliant - Avoiding Wage Theft in New York

Venable LLP on

In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection...more

Cole Schotz

New York Enacts Protections for Freelance Workers

Cole Schotz on

Despite previously vetoing the legislation, Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “Act”) into law on November 22, 2023. The Act is similar to New York City’s law bearing the same name, which has been...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

Epstein Becker & Green on

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more

Harris Beach PLLC

New York Employers Score Wins on Frequency-of-Pay Claims, Proposed Amendment

Harris Beach PLLC on

Two recent developments may signal the beginning of the end for the wave of “frequency-of-pay” litigation that has hit New York employers in recent years. In a victory for New York employers, the Appellate Division, Second...more

Fox Rothschild LLP

New York Appellate Courts Split Over Whether Individuals Can Sue for Frequency of Pay Violations

Fox Rothschild LLP on

New York’s Appellate Division, Second Department, created a split among the state’s appellate courts on whether individuals have a private right of action to recover damages for violations of the frequency of payments...more

Proskauer - Law and the Workplace

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of...more

Smith Gambrell Russell

New York Wage Theft Claims: New Developments

Smith Gambrell Russell on

New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For...more

Lippes Mathias LLP

State-Wide Pay Transparency Law to Go Into Effect September 2023

Lippes Mathias LLP on

On December 21, 2022, Governor Kathy Hochul signed into law an amendment to the New York State Labor Law that will significantly affect the way all but the smallest of private employers in New York State advertise open...more

Harris Beach PLLC

New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases

Harris Beach PLLC on

New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more

Littler

New York State Senate Poised to Pass Expansive Lien Law for Wage Claims

Littler on

The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged...more

Littler

Court Holds Plaintiffs Are Precluded from Asserting New York Wage Theft Prevention Act Claims in Federal Court

Littler on

In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more

Epstein Becker & Green

Whistleblower Notice Released by New York State Department of Labor

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As we previously reported, on January 26, 2022, amendments to New York’s whistleblower law took effect that significantly expand the scope and coverage of whistleblower rights and protections for workers who allege they have...more

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