New York may soon join many other states that require employers to make personnel files available to employees. If a bill recently approved by the Senate Labor Committee (S1629A) is passed into law, New York employers would be required to permit current employees or former employees separated within the previous three years (in addition to their representatives, certified employee organizations, or attorneys) to review and copy their personnel files. Employers would have 10 days to comply with such requests, after which a penalty of $25 per day (up to a total of $500) would apply.
Third Circuit Finds Motor Carrier Exemption to Overtime Inapplicable to Truck Driver Under the “Small Vehicle Exception”
On March 11, 2015, the Third Circuit Court of Appeals affirmed that the motor carrier exemption to the overtime requirements of the Fair Labor Standards Act (FLSA) did not apply to a truck driver who operated vehicles lighter than 10,000 pounds, even though she spent more than half her time operating vehicles weighing 10,000 pounds or more.
New York State Department of Labor Guidelines for Permissible Wage Deductions Are Effective October 9, 2013
The New York State Department of Labor recently issued proposed regulations providing further guidance about the permissible scope of wage deductions. The amended statute, N.Y. Labor Law §193, became effective in November 2012, as we covered previously in August 2012 and September 2012. Now, after much delay, the corresponding regulations take effect on October 9, 2013.
In response to “stay-at-home” orders issued by Governor Gavin Newsom and various California municipalities to prevent the further spread of the coronavirus (SARS-CoV-2) employers have been asking or requiring employees to work from home. In this regard, there may be uncertainty about whether employers are required to reimburse employees for expenses incurred to perform remote work. It can sometimes be difficult to determine which expenses, if any, employers must reimburse, and the amount of such reimbursements. Must an employer reimburse remote workers for all cell phone usage since supervisors are calling employees at home? What about printer ink costs? How about internet service?