The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2013. The notice must include: the rate(s) of pay, including the overtime rate, if any; the basis of wage payment (e.g., hour, shift, day, week, piece, etc.); the designated pay day; any tip or meal allowances; the employer’s name and any “doing business as” names; the telephone number and the physical address of the employer’s main office; and the company’s mailing address, if different. The notice also must be provided in the employee’s primary language, as identified by the employee, and if in Spanish, Chinese, Korean, Creole, Polish, or Russian, through a translated notice. In addition to annual notices, employers must provide similar wage notices at the time of hiring and within seven days of a change in any of the data on the notice if not listed on the employee’s pay stub. Template English and non-English forms and a FAQ are available from the New York Department of Labor here.
On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for certiorari. The petition sought review of a recent decision from the Ninth Circuit Court of Appeals.
In our April 7 e-alert, we reminded clients that their employees’ participation in the demonstrations regarding federal immigration reform legislation could constitute “protected concerted activity” under the National Labor Relations Act (NLRA). Because the law in this area is not well settled, we have recommended that employers be mindful of the possibility that if they take adverse action against employees for their absence to participate in such demonstrations, they may have to defend against an unfair labor practice charge under the NLRA, not to mention the risk of unfavorable publicity.
In 2016, several technology companies received or responded to proposals from investors that requested shareholder votes regarding whether the companies should be required to prepare reports addressing their policies and goals to reduce the gender pay gap. This year, shareholder activists are turning their sights on the retail industry, citing concerns with pay gaps across gender and racial lines. According to a January 10, 2017 report in Bloomberg News, pay equity-related shareholder resolutions have been submitted to several major retailers.