NEW YORK EMPLOYMENT LAW LETTER, October 2007

Copyright 2007 M. Lee Smith Publishers & Printers

NEW YORK EMPLOYMENT LAW LETTER

OCTOBER, 2007

SECTION: Volume 14, Issue 10

HEADLINE: New York News In Brief

BYLINE: Epstein Becker & Green, P.C.

BODY:

Spitzer cracking down on misclassification. Governor Eliot Spitzer and the New York Department of Labor have stepped up efforts to prevent employers from incorrectly classifying workers as independent contractors when they should be employees. In September, Governor Spitzer announced an executive order to allow for greater coordination among state agencies charged with classification enforcement.

A new joint enforcement task force will work to strengthen enforcement and educate the business community to prevent workers from missing out on benefits and protections they're entitled to and to make sure employers aren't avoiding taxes and other expenses. A recent study conducted by the School of Industrial Labor Relations at Cornell University estimates that approximately 10 percent of workers reviewed in audits were misclassified. In the construction industry, the number is 15 percent. Law requires accommodation for breastfeeding. A new law went into effect in August requiring employers to provide uncompensated time or paid break time to nursing mothers so that they can express breast milk. Employers also are to make a reasonable effort to provide private space for women to express milk or nurse their children for up to three years following the birth of a child. The law also prohibits employers from discriminating against employees who exercise their rights under the law. "Employers know the merit of retaining valuable employees, and this modest accommodation allows mothers who chose to breastfeed to continue their invaluable contribution to the economy without fearingfor their job," Governor Spitzer said. Restaurants to pay $ 980,000 in Fair Labor Standards Act (FLSA) suit. A lawsuit filed by the U.S. Department of Labor (DOL) has ended with five commonly operated Long Island restaurants and seven officers of the companies being ordered to pay 192 employees a total of $ 966,046in overtime back wages. They also are to pay the DOL civil penalties totaling $ 14,773. An investigation revealed that low-wage employees were required to work for less than the federal minimum wage. During many workweeks,they also were required to work more than 40 hours without being properly compensated for overtime in violation of the FLSA. Meatball leads to police firing. Heard any good excuses lately? Top this. A fired New York City police officer claims he failed a drug test because his wife used marijuana instead of oregano in her meatballs. An article in the New York Post in August reported that Anthony Chiofalo convinced an administrative judge in his departmental hearing that his wife spiked the meatballs with pot. But Police Commissioner Ray Kelly fired him anyway.Copyright 2007 M. Lee Smith Publishers LLC

LOAD-DATE: October 29, 2007