Lee and Rosemary continue their conversation about essential considerations for employers as the year end approaches. Diving right in with bonuses, they emphasize the importance of clear communication regarding bonus eligibility and criteria to prevent misunderstandings. They touch on the implications of bonuses for leave and tax considerations and on the pitfalls of one-size-fits-all bonus structures. Rosemary and Lee also discuss minimum-wage changes, salary thresholds, W-2 distribution deadlines, and vacation and sick leave policies, and they suggest that it's a great time for employers to conduct a review of their payroll practices. After reminding everyone that your feedback matters, they sign off for this season. Look for new episodes early next year.
Welcome back, Rosemary! In this episode, Lee and Rosemary take their usual no-nonsense approach to the sometimes-fraught topic of the office holiday party. The conversation encompasses essential considerations for employers, like inclusivity, alternatives to traditional parties, dress codes, and tactics to manage alcohol consumption. Using the Six Ps Rule (“prior proper planning prevents poor performance”), the conversation highlights the importance of maintaining workplace standards during holiday celebrations and shares cautionary tales of past holiday party mishaps. The episode concludes with final thoughts on how to ensure a successful and safe holiday party experience for all employees.
In this quick solo episode, Barclay Damon’s Lee Jacobs discusses the complexities of meal credit regulations in New York State. He covers the various categories of employees who might be included, and, as always, emphasizes the importance of compliance—for good communication, to foster a smoothly running workplace, and, importantly, to avoid penalties. Lee also explores the cost-benefit analysis of implementing meal credits, suggesting employers consider whether the administrative costs outweigh the savings. Lee refers again to the very important LS 54 form from the Department of Labor and closes out by asking for listeners’ valuable feedback. Stay tuned for more and . . . the return of Rosemary Enright!
In another solo episode, Barclay Damon’s Lee Jacobs lays out the intricacies of the uniform credit in New York State. Even if you’re not an employer or employee in the hospitality industry, there is a lot of important information here. Many industries, including retail and health care, require uniforms, so listen in as Lee covers the definition of uniforms, employer responsibilities regarding uniforms, reimbursement requirements, and the consequences of noncompliance with labor regulations. Lee also provides practical advice for enhancing employee morale through effective uniform policies. Stay tuned for an upcoming episode on meal credits.
Want more hot labor and employment updates? Join us for Barclay Damon’s inaugural New York Labor & Employment Law Conference on October 16, 2024, from 8:00 a.m. to 4:00 p.m., at the Turning Stone Resort Casino in Verona, New York, for developments and trends in employment law, featuring Barclay Damon attorneys and our keynote speaker, Maureen Kielt, regional director of the EEOC. Register here.
No mysteries here! This episode of Barclay Damon Live: Labor & Employment Podcast discusses the topic of tipping, specifically focusing on the tip credit in New York State. In a quick solo episode, Lee Jacobs explains what a tip credit is and how it affects the minimum wage for tipped employees. He also discusses the requirements for taking the tip credit, including giving notice to employees and properly documenting tip distributions. Employers and others in the hospitality industry, listen in for valuable information, and stay tuned for more.
Want more hot labor and employment updates? Join us for Barclay Damon’s inaugural New York Labor & Employment Law Conference on October 16, 2024, from 8:00 a.m. to 4:00 p.m., at the Turning Stone Resort Casino in Verona, New York, for developments and trends in employment law, featuring Barclay Damon attorneys and our keynote speaker, Maureen Kielt, regional director of the EEOC. Register here.
In the latest episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright continue their deep dive into all things overtime, extending into the complexities of joint employment and the common mistakes employers may make when calculating overtime pay. They highlight the issue of joint employment in the restaurant (and other) industries, where employees might work at multiple locations owned by the same entity. They also provide guidance on how to properly calculate overtime pay when taking the tip credit. As always, the hosts stress the need for accurate record keeping—and caution against relying solely on payroll companies for compliance. They conclude by inviting listeners to suggest future topics for discussion. Join in now!
In this episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright dive even deeper into the topic of overtime, moving into higher-level concepts to answer your questions about overtime pay. From clarifying that the “workweek” is not necessarily Monday to Friday and is open to interpretation to helpful real-life examples, they also explain (and demonstrate, with Lee’s handy on-screen calculator) how to determine overtime for salaried employees. As always, Lee and Rosemary emphasize the importance of properly paying employees for overtime. They’ve got more to share, so tune in for part two of this advanced topic.
Lee Jacobs and Rosemary Enright continue their conversation about the intricacies of overtime rules. Iterating their reassurances that if employers are following previously discussed federal and New York state guidelines, they should not have to be concerned, they deep dive into topics such as exemptions, damages calculations, and pay frequency. Using cautionary tales (Lee’s “horror story” real-life examples), they emphasize the risks that come with not properly classifying and paying employees. The episode provides insights for employers navigating overtime regulations. Lee and Rosemary also mention the possibility of criminal liability. With a flurry of examples of the complexities of overtime details, they conclude by listing upcoming topics in this series. Send in your overtime-related questions, and stay tuned for more.
Lee Jacobs and Rosemary Enright discuss overtime rules and exemptions, assuring listeners that if they’re following New York law, they are in compliance with the new federal overtime rules. They further address confusion surrounding the salary threshold and pay frequency, explaining the three main exemptions: executive, administrative, and professional. With their characteristic detail and real-life examples, Lee and Rosemary emphasize the importance of meeting all the criteria for each exemption, including duties and salary thresholds. They also discuss the increase in exemption thresholds and provide guidance on how to navigate the changes. So much to talk about! Stay tuned for part two.
Longtime host Ari Kwiatkowski is back, fittingly from maternity leave, to discuss the Pregnant Workers Fairness Act (PWFA) regulations. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and associated conditions. In this solo episode, Ari provides an overview of the law, its requirements, and what constitute known limitations, qualified employees, and reasonable accommodations. The episode also covers lactation accommodations as well as a current lawsuit against the EEOC.
In this continuation of Lee Jacobs’s and Rosemary Enright’s conversation on offboarding, the co-hosts’ topics include the importance of sending timely notices of termination and unemployment insurance forms to terminated employees. They maintain that employers should refrain from providing written reasons for termination, and they discuss the different processes for voluntary and involuntary terminations as well as considerations for terminating contracted employees. Again using the example of a fictitious employee based on themselves, Lee and Rosemary provide helpful offboarding scenarios. Listen in to learn more.
Lee Jacobs and Rosemary Enright discuss the importance of employee offboarding and provide guidance on how to effectively navigate the process. The conversation highlights the risks of not having a formal offboarding policy that considers data security and ensures a smooth transition, whether the employee is leaving voluntarily or not. They discuss the importance of having clear policies in place and communicated to employees in advance and the payout of accrued vacation and sick time. Exit interviews are a good practice, both to gather feedback and to address potential issues. Rosemary and Lee conclude by reminding employers to send a notice of termination and that they are legally required to provide information on filing for unemployment benefits.
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In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips and tip pooling, uniform acknowledgments, direct deposit, cashless bans, the New York City commuter benefits form, training and certificates, and notices and posters. If you’re following along, stay tuned for future episodes on topics like offboarding and the right time and way to conduct workplace investigations.
In this in-depth conversation, Lee Jacobs and Rosemary Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.
In this episode, Lee Jacobs and Rosemary Enright discuss many aspects of employee onboarding as well as related topics like job postings, applications, interviews, and more. Regarding onboarding, they emphasize setting the right tone from day one, cover the difference between onboarding and orientation, and highlight the legal requirements and potential pitfalls of the process. To be effective, Lee and Rosemary say, onboarding must be tailored to each specific business. In this wide-ranging conversation, Rosemary and Lee also touch on document storage and paper versus electronic documents, onboarding high-level employees, accommodations, and best practices. Look for more episodes soon on related topics.
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Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employee handbooks to ensure compliance with New York State and New York City laws as well as of providing employee training and resources to promote a safe and inclusive work environment.
In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization’s handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should be included in handbooks, like those involving employment at will, drug and alcohol-free workplaces, and EEOC statements. Additionally, Lee and Rosemary discuss the importance of disability policies and the inclusion of required forms and acknowledgments. Be sure to tune in to Part 2, when Rosemary and Lee will address updates for 2024.
Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibility, exemptions, and penalties for noncompliance. They also touch on the Wage Theft Prevention Act and the importance of providing accurate wage statements. Stay tuned for a new episode soon that will dig into employee handbooks.
In episode 66 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide accommodations to workers’ “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” The new regs extend those accommodations to applicants as well, specifying that it’s the worker or applicant’s responsibility to communicate any limitations. The new regulations include examples of “related medical conditions,” which are helpful to understand what employers must consider. Listen in for more.
In episode 65 of Barclay Damon Live: Labor & Employment Podcast, “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Protection Act. It’s a big deal! Lee alerts all employers, especially those in the hospitality industry, to comply with the act from the start. If not, there could be serious fines and penalties. “Hard stop,” as Lee says. Listen in now for more.