News and Articles

Legal Update - December 2018 Newsletter

Yogi Patel - Monday, December 03, 2018

Dear valued clients and supporters: This month's newsletter will focus primarily on 1) recent legislation regarding lactation in the workplace and 2) increases to the minimum wage.

New York City Lactation Law Update
The New York City Council recently passed two bills that seek to enhance and protect the rights of lactating employees in the workplace. Both bills were enacted on November 17, 2018 and are set to go into effect on March 18, 2019.

The first bill, Int. No. 879-A, will require employers with 4 or more employees to provide a lactation room and refrigerator for the storage of breast milk within a "reasonable proximity" to the employee's work area. A lactation room is defined as a "sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that includes at a minimum an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water." While the room does not have to be solely designated for lactation purposes, it must exclusively be used as a lactation room while an employee is expressing milk and employers must notify other employees as to when the room is being used exclusively for the expression of milk. Should the provision of a lactation room pose an undue hardship on an employer, the employer must engage in a cooperative dialogue with the lactating employee to determine what alternative reasonable accommodation might be made available.

The second bill, Int. No. 905-A, will require covered employers to have a written lactation room accommodation policy that meets specific requirements.

New York State Minimum Wage Increases
Wages across New York State are set to increase again on December 31, 2018. Employers in New York City with more than 11 employee will be required to pay a minimum wage of $15.00 per hour and NYC employers with 10 or fewer employers will have to pay an hourly rate of $13.50. Employers in Long Island and Westchester will have to pay employees at least $12.00, while employers in the rest of the state will have to pay a minimum hourly rate of $11.10. In the fast food industry, employees in New York City will be entitled to an hourly rate of $15.00, while employees the rest of the state will be paid $12.75.

Wages for tipped workers are also set to increase. NYC employers with 11 or more employees will have to pay at least $10.00 per hour, while the rate will be $9.00 for smaller NYC employers. Long Island and Westchester tipped employees will have to be paid at least $8.00 per hour, while those in the rest of the state must receive at least $7.50. The maximum tip credit each employer may claim is the difference between the applicable general minimum wage and the minimum wage for tipped employees. For example, the general minimum wage for large NYC employers will be $15.00 and the minimum wage for tipped employees will be $10.00, so the maximum tip credit will be $5.00.


Finally, we at Lloyd Patel LLP hope you all have a wonderful holiday season and a happy and healthy new year.

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


Recent Posts


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


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.