As the year ends, we again review the most viewed New York Management Law Blog posts from this year. Did you miss any of the top posts of 2019?
These posts reflect some topics that most interested New York employers in 2019. Do they also suggest what will be top of mind in 2020?
Curious about last year? Click to see what posts made the list in 2018.
2020 New York Minimum Wage
Our annual post reminding employers of increases to both minimum wage and the salary threshold for overtime exemptions under state law remained a must-read.
Remember, these changes take effect on December 31, 2019, not January 1st. If you haven’t adjusted accordingly yet, now’s the time!
The required pay levels will continue to rise in the coming years. This post includes charts showing those planned increases.
Recovering Overpaid Wages in New York
Beyond addressing how much you have to pay them, New York also has strict rules about making deductions from employee compensation. Employers can withhold pay to recoup overpaid wages, but must satisfy detailed requirements to do so.
This post provides the basics of when and how employers can get their money back through payroll deductions. Don’t try it without this guidance. Even then, be cautious and seek professional assistance.
Readers were also quite interested in this more general review of the New York Wage Deduction Rules.
How Far Will New York Go?
2019 featured the extensive expansion of employee rights, and we expect more in 2020.
In addition to broader employment discrimination laws, New York imposed a statewide salary history ban. As of January 6, 2020, New York employers may not “seek, request, or require the wage or salary history from an applicant or current employee as a condition”:
- to be interviewed,
- of continuing to be considered for an offer of employment, or
- of employment or promotion.
The State Legislature also passed legislation that would have permitted employees to use Paid Family Leave Benefits for bereavement leave. Governor Cuomo vetoed that law in 2019. But there are indications that the State will revisit the subject in 2020.
Workplace bullying was another item of notable interest among our readers. We wouldn’t be surprised to see New York add new protections in this area in the foreseeable future.
What’s Changing Under the FLSA?
The federal Fair Labor Standards Act governs minimum wage and overtime requirements throughout the United States.
In 2019, the U.S. Department of Labor finalized a rule that changes how some companies will calculate their employees’ overtime pay. The rule takes effect on January 15, 2020. It will generally act to decrease overtime rates.
The U.S. DOL also addressed who qualifies for exemptions from overtime pay in the first place. Beginning January 1, 2020, the weekly salary requirement for the FLSA administrative, executive, and professional exemptions will increase from $455 to $684. However, this probably won’t change much in New York, where the exemption threshold is already higher.
Employers Regain Control Over Company Email Use
As in recent years, the National Labor Relations Board has issued several significant decisions at year-end. Our readers have been most interested in this one about whether employees have the right to use company email for nonwork purposes.
For five years, most non-supervisory employees at private companies had that right. Now, most don’t.
Find out more about why the NLRB reinstated employer control over company property here.
Don’t Stop at the Top Posts of 2019!
I hope you find it helpful to look back at what happened last year, but you should also look forward. For some of the reasons stated above, and others, 2020 could be another big year in employment law. Please continue to follow the New York Management Law Blog for updates.
One great way to keep up with emerging topics in New York labor and employment law is to subscribe to our monthly email newsletter. If you want more frequent news and insights, be sure to follow us on LinkedIn!
See you in 2020!