New York Employment Law Update – November 2018

2019 Exemption Rates Increase

For 2019, and under the New York Minimum Wage Act’s minimum wage orders, the salary basis threshold will increase for the executive and administrative exemption as follows:

• New York City large employers (11 or more employees): $1,125 per week and $58,500 per year.
• New York City small employers (10 or fewer employees): $1,012.50 per week and $52,650 per year.
• Employers in Nassau, Suffolk, and Westchester Counties: $900 per week and $46,800 per year.
• Employers outside of New York City, Nassau, Suffolk, and Westchester Counties: $832 per week and $43,264 per year.

These thresholds are effective December 31, 2018 and additional increases apply in subsequent years.

See the amended minimum wage orders

Human Trafficking Informational Cards and Lodging Facilities

On August 15, 2018, New York Governor Andrew Cuomo signed legislation (A.B. 10425) requiring lodging facility keepers to post informational cards in plain view and in a conspicuous place and manner in public restrooms, individual guest rooms, near public entrances, and other conspicuous locations. The informational cards must prominently include the National Human Trafficking Hotline telephone number.

The law became effective October 14, 2018.

Read NY A.B. 10425 and see the Human Trafficking Resource Card

Westchester Enacts Earned Sick Leave Law

On October 1, 2018, the Westchester Board of Legislators passed an earned sick leave law covering all workers in the county as follows:

• Employees covered under the law are those who work for an employer within the county for more than 80 hours in a calendar year, on a full-time or part-time basis, including work for a subsidized private sector and nonprofit employment program.
• Employees accrue one hour of sick leave for every 30 hours worked, up to 40 accrued hours per year. Domestic workers accrue a minimum of one hour of sick time for every seven days worked, which is in addition to the one day of rest required by state law (N.Y. Labor Law § 161). Additionally, all domestic workers, regardless of employee number, are entitled to earn and use up to 40 hours of earned, paid sick time per year, unless the employer selects a higher limit.
• Leave accrues beginning on the later of 90 days after the effective date of the law or beginning employment.
• Earned sick leave carries over to the following year; however, the maximum amount of sick leave for any given year remains at 40 hours.
• The leave may be used for the employee’s own illness or care, or to care for a family member, including domestic partners and household members.
• The leave is paid for employees of an employer with five or more employees; otherwise it is unpaid.
• Retaliation is prohibited.
• Employers must provide employees with a copy of the law and a written notice of how it applies to employees at the commencement of employment.
• Employers are required to retain records documenting an employee’s use of sick leave for three years.
• Employers are subject to penalties for failure to post, notify, or comply with these sick leave provisions.

The law is effective April 11, 2019.

See the law