What’s (Going) Up with Employee Pay? Part II

New York became the first state to set a $15 minimum wage for fast food workers. To expand that industry-specific pay hike, Governor Cuomo created the Mario Cuomo Campaign for Economic Justice to back efforts aimed at providing a $15 minimum wage for all employees in the State. 

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What’s (Going) Up with Employee Pay? Part I

This year we have seen an unprecedented exercise of federal and state Executive Branch power to unilaterally increase private sector employee wages and other compensation.  These measures portend a fundamental change the role of the Executive Branch in the labor market.

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New York Extends Permissible Wage Deduction Law for Another Three Years

On October 26, 2015, New York Governor Andrew Cuomo signed a bill authorizing a three-year extension of the 2012 amendments to New York Labor Law Section 193, related to permissible deductions from employee wages. The 2012 amendments, which were set to expire on November 5, 2015, will now remain in effect until November 6, 2018 (the new expiration date).  In light of the extension, employers should continue to comply with the Commissioner of Labor regulations issued in 2013, which define the wage deduction process employers must follow, particularly with respect to the recoupment of wage advances and overpayments. 

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“Primary Beneficiary” is the New Test for Determining Whether an Intern is Exempt from the FLSA in the Second and Eleventh Circuits

This June, the Second Circuit moved away from the Department of Labor’s six-factor test for determining whether an intern can be exempt from FLSA minimum wage and overtime requirements and instead adopted the “primary beneficiary” test.

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NLRB Issues Revised Bench Book

On October 19, 2015, the National Labor Relations Board released a new version of its “Bench Book:  An NLRB Trial Manual.”  The updated Bench Book replaces the prior 2010 edition and can be found on the Board’s website.

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