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Kevin McKernan Kevin McKernan

5 Steps for Employers to Comply with Overtime Exemption Rules

Are you sure your employees are properly classified as exempt from minimum wage and overtime pay? Misclassification can lead to costly penalties, so it’s crucial to get it right. Here’s what employers need to prove to a court that their classifications are correct.

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Kevin McKernan Kevin McKernan

NEW YORK STATE AMENDS FORTHCOMING PAY TRANSPARENCY LAW

New York State has amended its upcoming pay transparency law, which will go into effect on September 17, 2023. The amendment specifies that the law will apply to jobs that will physically be performed in New York or those that report to a supervisor or office in New York. The amendment eliminates the recordkeeping requirements of the initial version of the law, but employers should maintain records to ensure compliance with wage-and-hour laws and in case of claims by an employee. The amendment also incorporates a definition of "advertisement" and makes technical corrections. Employers should review their job postings to ensure compliance with the updated law.

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Kevin McKernan Kevin McKernan

PREGNANT WORKERS FAIRNESS ACT

The Pregnant Workers Fairness Act (PWFA) is a new law that goes into effect on June 27, 2023 that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship. The law prohibits employers from discriminating against covered employees who request reasonable accommodations and requires them to engage in an interactive process to arrive at a reasonable accommodation. The PWFA protects against retaliation and ensures that pregnant workers can continue working with reasonable accommodations. Employers should update their policies, train supervisors and HR departments, and analyze potential accommodations to prepare for the new law.

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Kevin McKernan Kevin McKernan

THE ELECTRONIC MONITORING NOTICE LAW

Any private employers with a place of business in New York that “monitors or otherwise intercepts” any employee's telephone conversations, emails, or internet access or usage by “any electronic device or system” must give written notice of this activity to all employees subject to such electronic monitoring

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