![]() Real Workplace Issues |
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Welcome to the latest
installment
of "Real Workplace Issues," a newsletter dedicated to
providing our clients and friends with practical,
everyday employment law and HR
information. In this issue, we highlight
some important recent amendments to New York's
Labor Law
that may impact your Company's policies and
practices.
New York Labor Law Section 191
(c) has been amended, effective October 16, 2007, to
require that employers place the terms of employment
for commissioned salespersons in writing.
Such "terms" include a description of how salary,
drawing account, wages, commissions and all other
monies earned and payable are to be calculated.
Likewise, the written agreement must describe how
such monies are to be paid if the employment
relationship is terminated by either party.
These agreements must be (1)
signed by both the employer and employee, (2) kept
on file by the employer for at least three years, and (3)
provided to the New York State Department of Labor
upon request.
New York State Executive Law
(the "Human Rights Law") Section 296(16) has been
amended to prohibit employers from inquiring into or
making adverse employment decisions based on the
criminal conviction of an applicant or current employee
where (1) the conviction record has been sealed
pursuant to Section 160.55 of the Criminal Procedure
Law, or (2) where the conviction is classified as
a "youthful offender adjudication" under Section 720.35
(1) of the Criminal Procedure Law.
New York
Labor Law (Section 212-j) now requires New York
employers to provide three hours leave in any twelve
month period to employees who wish to donate
blood. The law is applicable only if (1) the employer
has more than twenty employees, and (2) the
employee seeking such leave works twenty or more
hours per week. The law does not require that the
three hours of leave be paid.
Effective August 15, 2007, New
York employers will be required to either (1) provide a
reasonable amount of unpaid daily break time, or (2)
permit nursing employees to use paid daily break
time or meal time to express breast milk for a period
of up to three years following childbirth.
Employers will also be required to
make "reasonable efforts" to provide a clean, private
room where nursing employees can express and
store breast milk.
Currently,
the last employer is required to pay 100% of
unemployment insurance benefits for the first seven
weeks of a former employee's claim. Effective
January 1, 2009, however, the last employer of a
claimant who has filed for unemployment benefits
may apply to the Department of Labor to have those
benefits recalculated if the employer can demonstrate
that it paid the claimant less in total wages than the
seven weeks of benefits it would otherwise have to
pay. If such a showing can be made, the last
employer would only have to pay in benefits an
amount roughly equal to the amount of compensation
it had paid the claimant. The remainder of the
charges would be allocated proportionately among all
base period employers.
If you need help interpreting these laws or integrating them into your Company's policies, please contact us.
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