This is a reminder for New York employers that New York State primary election day is Thursday, September 13, 2018.  The general election will be held on Tuesday, November 6, 2018.

Although there is no federal law requiring employers to provide leave (paid or unpaid) to employees to enable them to vote, there are at least 30 States with laws addressing voting rights leave for employees.  Therefore, whether an employee has the right to take time off from work to vote depends upon a particular State’s law.

When Voting Leave Not Required:  In New York, if an employee has four (4) consecutive nonworking hours in which to vote, either between the opening of the polls and the beginning of his/her work shift or the end of his/her shift and the close of the polls, then an employer need not provide any leave time to vote.

Up to 2 Hours’ Paid Leave:  However, employers in New York must provide employees who are unable to vote in an election during nonworking hours up to two (2) hours of paid time off to vote during the regular workday.  If an employee needs additional time to vote, it would be unpaid.

Notice Requirements:  Individuals needing time off to vote during the regular workday must inform their employer at least two (2) days in advance, but no more than ten (10) days in advance, and failure to provide such notice may result in denial of the employee’s request for time off to vote.

Employers may designate whether employees need to schedule time off to vote at the beginning or end of the employee’s work shift.

Mandatory Posting Requirement in New York:  Additionally, at least 10 working days before an election, all employers in New York State must conspicuously post a notice explaining employees’ rights to take time off to vote in the workplace—so in this case, these notices needed to be posted in New York workplaces by August 29, 2018.  That notice must remain in place until the polls close.

Organizations with employees in States outside New York should confer with their employment counsel regarding the State voting leave laws applicable to their workforce to ensure legal compliance.

The post Voting Leave Reminder for New York Employers first appeared on Perlman Sandbox.

NYC – Large Employers (of 11 or more): $13.00
NYC – Small Employers (10 or less): $12.00
Long Island & Westchester:  $11.00
Remainder of New York State: $9.70

New York’s salary basis thresholds for the administrative and executive exemptions will also increase as follows:

Salary Thresholds for Executive & Administrative Employee Exemptions

NYC – Large Employers (of 11 or more) $975.00/week ($50,700.00 annually)
NYC – Small Employers (10 or less) $900.00/week ($46,800.00 annually)
Long Island & Westchester $825.00/week ($42,900.00 annually)
Remainder of New York State $780.00/week ($40,560.00 annually)

Remember that both federal law (Fair Labor Standards Act, or FLSA) and the New York State Minimum Wage Act and their respective applicable regulations generally require the payment of overtime wages for work performed after 40 hours per workweek (at a rate of 1.5 times the employee’s regular rate of pay). The FLSA and the New York State Minimum Wage Act exempt employees who meet the criteria for bona fide “executive, administrative or professional” categories from overtime pay requirements.

In order for an employee to be classified as exempt from overtime pay laws under New York’s criteria for the executive or administrative “white-collar” exemptions, that employee must: (1) be paid on a salaried basis, (2) meet the applicable salary threshold (see above), and (3) meet the duties tests of the executive and/or administrative exemptions.

Recommendations

Employers should be sure to post the updated wage rates in their workplaces and review their pay practices to ensure compliance with required minimum wage increases and employee classifications before the New Year.

The post Reminder: New York’s Minimum Wage Increases December 31st first appeared on Perlman Sandbox.