New York Labor Law Amendments Expand Labor Departments Jurisdiction, Require Written Commission Plans
By Allan S. Bloom and Glenn S. Grindlinger
On July 18, 2007, Governor Eliot Spitzer signed legislation amending the New York Labor Law in three significant ways: (1) increasing the salary threshold for determining who is an administrative, executive or professional employee for purposes of Labor Law Article 6; (2) requiring commission plans and agreements to be in writing and signed by both the employee and the employer; and (3) permitting the State Department of Labor to issue civil penalties for violations of New Yorks meal period and day of rest requirements. These amendments, which were enacted with little fanfare, expand the jurisdiction of the Labor Department to investigate and recover wages and benefits on behalf of an increased number of employees. This client alert discusses these amendments and their implication for New York employers.