Are you looking for legal representation? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six. We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot-high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, do you need an attorney with the skills and legal expertise that match your needs? Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

Still, in addition to providing legal services, you can concur with us that information is power, and, as such, we have diligently committed ourselves to creating a range of authoritative, trustworthy, and engaging content available on our website and social media platforms. In this regard, feel free to visit and follow us on Facebook, Instagram, Twitter, Yelp, and LinkedIn via the website, as well as subscribe to our Blog, YouTube Channel, and News Letter through https://milettilaw.com/blog and https://www.youtube.com/@MilettiLaw, and https://milettilaw.com/#7665b240-0790-4562-ac0f-9444f9f5165a, respectively, to enjoy such content aimed to keep our unusually motivated® readers informed about how diverse legal issues affect them and/or their businesses.

In this regard, this blog is Part IX of our series, “Key Workplace Policies and Employee Handbooks.” In Part VIII, we reviewed what New York law says when it comes to requiring employers to include a policy providing reasonable pregnancy and lactation accommodations to employees who may need such accommodations. Concerning this requirement, we mentioned that under N.Y. Exec. Law § 296(3), a New York employer is required to ensure that its employee handbooks contain a policy assuring job applicants or employees that they would be provided with reasonable accommodation for a pregnancy-related condition. We also added that as codified under N.Y.C. Admin. Code § 8-107, subd. 22, employers in New York City must include a policy on how to accommodate the lactation needs of nursing mothers. As discussed in the blog, we also outlined a number of things that the policy is required to meet.

To move this discussion forward, this blog is titled “New York Labor Law on Wage & Hour and Benefits Requirements in Employee Handbooks” and examines the requirements of New York law when it comes to including provisions or statements concerning “wage and hour” and benefits in employee handbooks.

New York Labor Law on Wage & Hour and Benefits Requirements in Employee Handbooks

On the one hand, the New York State Labor Law and the federal Fair Labor Standards Act are the most critical laws when it comes to wage and hour issues in New York. New York State’s labor law called the New York Minimum Wage Act (NYMWA) and the federal FLSA (Fair Labor Standards Act) offer protections for NYC employees when it comes to wage and hour issues.

Importantly, we also added that it is the mandate of the New York State Department of Labor to oversee wage regulations in New York State. The labor department assists in collecting underpayments for workers who have not received the minimum wage. In this case, the collection of funds does not resort to court action. However, while action may also be taken in a civil court, an employer that violates the Minimum Wage Law is subject to penalties and criminal prosecution.

This implies that an employer must be cognizant of its mandate under federal and state laws when adopting a wage and hour policy in employee handbooks. As mentioned in the blog highlighted above, while it contains several provisions that dictate salary thresholds for overtime exemptions and higher levels of minimum wage, the NYMWA has more stringent demands for employers within New York when it comes to hourly wage and compensation. This means that the stricter standard should be adhered to in the case of a conflict between state and federal laws.

On the other hand, employers should be aware of what the law requires when it comes to benefits. For instance, they are generally not required to offer retirement benefits. Nonetheless, the Affordable Care Act (popularly known as Obamacare) offers employees a number of health benefits. However, the size of the employer determines the variations in the requirements for benefits. Additionally, employers who have at least twenty non-union, full-time employees are required by New York City’s Commuter Benefits Law to offer their such employees the chance to use pre-income to cater for their transportation costs. Notably, they must provide employees with written notices when informing them about the offer to use pre-income to cater for their transportation costs.

In Part X of this series and our blog titled “New York labor Law on Complying with General Office Policies in Employee Handbooks,” we will provide key insights into the various general office policies that the law in New York requires to be included in employee handbooks.

As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always Rising Above the Bar,

Isaac T.,

Legal Writer, Author, & Publisher.