Member News, New York Related News

Ogletree Deakins | Reminder for New York State Employers: Salary Basis Thresholds Increased for 2024

New York recently raised the minimum salary basis thresholds for executive and administrative employees in order to satisfy the exemption from overtime, not to be confused with the separate upcoming increases to salary threshold for the purposes of pay frequency. Salary Thresholds for Overtime Exemptions On December 27, 2023, the New York State Department of Labor (NYDOL) published a notice of adoption in the New York State Register increasing the minimum salary thresholds for exempt executive and administrative employees to $1,200 per week (approximately $62,400...

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Reavis, Page & Jump | Governor Hochul Vetoes Proposed Ban on Noncompete Agreements in New York State

At the end of 2023, following a breakdown in attempts at compromise with the State Legislature, New York State Governor Kathy Hochul vetoed Senate Bill S3100A, which was passed by both houses of the State Legislature earlier this year, and would have implemented a ban on all noncompete agreements throughout New York State.  While Governor Hochul has expressed support for limiting noncompete agreements for middle-class and low-wage workers, she stated in her veto message that a total ban was...

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Littler | New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time Act (ESSTA). New York City Mayor Eric Adams has 30 days to sign, veto, or take no action.  If he does not veto the bill within 30 days, it will become law. ESSTA permits employees to use ESSTA leave...

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New York Related News

Troutman-Pepper | New York LLC Transparency Act Enacted

The New York LLC Transparency Act (NYLTA) was signed into law on December 22, 2023. Upon effectiveness on January 1, 2025, all limited liability companies (LLC) that are either formed under New York law or are seeking authority to do business in New York, will be required to disclose, among other information, the identities of their beneficial owners to the NY Department of State, unless a reporting exemption applies. Such beneficial ownership information will be compiled into an internal...

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New York FED – Inflation Expectations Decline Across All Horizons

NEW YORK—The Federal Reserve Bank of New York’s Center for Microeconomic Data today released the December 2023 Survey of Consumer Expectations, which shows that inflation expectations declined at the short-, medium- and longer-term horizons. Notably, inflation expectations at the short-term horizon reached the lowest level recorded since January 2021. Earnings growth and spending growth expectations also decreased slightly to their lowest recorded levels since 2021, while expectations about credit access and households’ financial situation turned less pessimistic. The main findings...

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Wilson Sonsini | New York City Announces Reinstatement of Refundable Biotech Tax Credits for Emerging Companies Through 2026

On December 4, 2023, New York City Mayor Eric Adams signed legislation to reinstate previously lapsed tax credits for biotech companies (the Credit), with a view towards bolstering the emerging biotechnology sector in New York City. Eligible companies can apply the Credit against certain New York City taxes for tax years beginning on or after January 1, 2023, and before January 1, 2026. Notably, for eligible companies who do not owe sufficient New York City taxes, the excess amount...

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Littler Mendelson | New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of discrimination, harassment, or retaliation. The amendments went into effect immediately and apply to agreements entered into on or after the effective date. Section 5-336 is one of the original #MeToo statutes. It was intended to limit the use of confidentiality agreements that prevent victims...

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Littler Mendelson | New York State Proposes Regulations for Pay Transparency in Job Advertisements

Earlier this year, New York State joined a growing number of states and cities that have passed laws mandating salary disclosure when advertising open positions. New York’s salary transparency law requires employers to post salary ranges in job advertisements that promote jobs that will be performed, in whole or in part, in New York State, and in advertisements for jobs that report to supervisors located in New York State.   Although this law went into effect on September 17, 2023, the New...

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New York Related News

PwC | New York proposes corporate tax reform regulations

Since 2015, the Department has posted to its website nonbinding drafts of various regulatory amendments for public comment prior to the formal process for proposing and adopting regulations. The Department solicited public comments, and the draft regulations were amended in response to those comments over the years. Last summer the Department posted final draft regulations to its website. The current proposed regulations contain various changes from the 2022 draft regulations and have been formally proposed by the Department pursuant...

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Ogletree Deakins | New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI) technology to make employment decisions. Quick Hits Proposed New York State bill would restrict employers’ use of electronic monitoring and automated employment decision-making technology. The bill would require employers to notify employees and job candidates that such tools are being used and specifically require automated employment decision tools to...

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