Last year, the New York Department of Labor declared that it no longer will respond to employers’ requests for formal opinion letters, but instead would post on its website answers to frequently asked questions. The Department has recently posted comprehensive FAQs on the following topics:

  • Overtime
  • Administrative Employee Overtime Exemption
  • Executive Employee Overtime Exemption
  • Professional Employee Overtime Exemption
  • Hospitality Wage Order
  • Tips
  • Wage Deductions
  • Wage Theft Prevention Act
  • Frequency of Pay
  • Meal and Rest Periods
  • Payment of Commissions
  • Wage Requirements for Interns in For-Profit Businesses
  • Wage Requirements for Interns in Not For-Profit Businesses
  • Rules for Government Volunteers, Students, Trainees and Interns Under the NYS Minimum Wage Act and Orders

Employers should review any applicable FAQs and ensure that their practices are in compliance with the Department’s guidance.


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Employment Law

Ogletree Deakins’ employment lawyers are experienced in all aspects of employment law, from day-to-day advice to complex employment litigation.

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Wage and Hour

Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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