News and Articles

Legal Update - November 2016 Newsletter

Yogi Patel - Friday, December 16, 2016

Dear valued clients and supporters: This month's newsletter will focus on significant and immediate changes to state and federal employment laws.


Update to Federal Law

Under the Fair Labor Standards Act (FLSA), significant changes to the Act were poised to go into effect in a matter of days (Dec 1, 2016). We covered these changes in detail in a previous article, but in short, unless an employee meets certain job performance requirements (the duties test) and earns at least $47,476.00 per year, that employee was going to be entitled to overtime pay for each week they worked in excess of 40 hours. The existing law sets that monetary threshold at $23,600 per year.

However, a federal court in Texas issued a nation-wide injunction yesterday that now temporarily prevents these changes from going into effect on December 1, 2016. Thus, for the time being, the threshold remains at $23,600. Notwithstanding this, employers are still advised to consider whether they are complying with the "duties" test under FLSA - irrespective of the uncertainty regarding the salary level. The "duties" test functionally looks at the day-to-day responsibilities given to an employee. As a general principal under FLSA, an employee who meets the salary level and the salary basis tests is exempt only if s/he also performs exempt job duties. Whether the duties of a particular job qualify as exempt depends on what they truly are - job titles or position descriptions are of limited usefulness in this determination. It is the actual job tasks that must be evaluated, along with how that particular job task "fits" into the employer's overall operations.


Update to State Law

As of December 31, 2016 the minimum wage in New York State is set to change. The changes vary depending on the industry, number of employees and location. For example, the minimum wage is different if you are in the fast food industry. It is different if you employee more than 11 people and different again depending on whether your business is located in NYC vs. Nassau/Suffolk County vs. Upstate NY - as in all three have different rates with different effective dates. We covered these changes in detail in a previous newsletter.

Employers should likewise be aware that the Wage Theft Prevention Act (WTPA) requires them to give employees written notification of these pay changes at least seven (7) days in advance of the effective date. Alternatively, an employer may issue a new paystub that contains the notice of wage increase. The written notice must be in English and also in the employee’s primary language if it is not English. Employers must obtain a signed and dated written acknowledgement of the pay change from the employee following the same language guidelines. Employers who violate these requirements may be subject to civil penalties of up to $50 per day, per employee.

Readers are encouraged to follow us on Twitter (@lloydpatelllp) and Facebook to receive updates on these and other issues throughout the month.


Recent Posts


Trade Secrets Act Out-of-State LLC Owners Families First Coronavirus Response Act Facebook Privacy and Litigation Real Estate Law LinkedIn COVID-19 NYC Sick Leave Law Fair Chance Act Workplace Requirements Emergency Economic Injury Grants Paid Family Leave Glatt v. Fox Searchlight Pictures Newsletter Start-up Ventures Attracting Investment Executive Severance drug testing Postnup Negotiating Ban the Box Apple vs. FBI Browning-Ferris Case Overtime Rules Transgender protections Paycheck Protection Program Fair Labor Standards Act Human Rights Law Economic Injury Disaster Loans Public-Sector Union Fees Fair Pay and Safe Workplace Executive Order Unionization Executive Negotiation Illegal rentals entrepreneur Federal Joint Employer Rule Intellectual Property NQSO Trademark Law Selling Business NYC Human Right's Law's Minimum wage Business Law ACA Health Care Credit Checks Trademark licensing NY payroll law Westchester County implementing new leave laws Independent Contractor Federal Overtime Law Criminal Record Household Employees Federal Small Business Assistance Lactation Law Privacy Security Payroll Scams Plastic Bag Ban Landlord-Tenant Law Divorce Technology Credit History Fair Labor Standards Act (FLSA) Right to Unionize Employment Contracts Employee Salary Histories Employment Law Westchester Safe and Sick Time Laws Employer Mandate Pregnancy EEOC Filing Requirement Trade Secrets Federal Contractors Web Domains Marijuana Testing New York City Human Rights Law Firm Announcements sexual harassment training Internet Law Freelance Isn't Free Joint-Employer Relationship Interview Series Interns workplace discrimination Fair Work Week Legislation Glatt v. Fox Searchlight Pictures, Inc. Wage and Hour Law Employee Manuals and Policies Nanny Audit National Labor Relations Act Employment Offer/Agreement Fair Workweek Law Interns as Employees Corporate Law Hairstyle Discrimination Credit Immigration Status Worker's Rights #meToo National Labor Relations Board Mandatory Class Action Waivers federal Department of Labor Department of Labor Sexual Harassment NYC Sexual harrassment law Federal Acquisition Regulatory Council I-9 Verification Affordable Care Act $15 Minimum Wage Salary History Inquiries Housing Law Tax-Deferred Savings Sexual Harassment policy graduate students Unions New York Earned Sick Time Act Sexual Harassment and Discrimination In The Workplace Prenup Alter-Ego Doctrine NYC Salary History Law Fair Play to Pay Act NLRB Business Arbitration Agreements stocks employment discrimination lawsuits New Address Domain Name marijuana usage Overtime Exemptions Wage Theft Protection Act Non-Qualified Stock Options U.S. Department of Labor AirBnB Nobel Prize Womens Rights commuter benefits


EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style


  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text


Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.