2019 NEW LIMITATIONS ON FICA ET. AL.

                                  FICA (oasdi) limit will be $132,900. up from $128,700.
                                  401k/403b limit is $19,000 up from $18,500, if over 50, $25,000.            
                                  NYS SUI wage limit $11,400. NJS SUI wage limit  $33,700.
                                  NYC minimum wage if below 11 employees $13.50 if over 11 $15.00.
                                  tipped minimum in NYC $10. if 11 employees for food service workers if less
                                  than 11 employees $9, tipped delivery workers $12.50 in Nyc
                                  LONG ISLAND & Westchester county $12. minumum per hours, tipped
                                  workers $8.
                                  Rest of NYS $11.10 per hour and tipped workers $7.50
                                  NJS minimum wage $8.85, tipped workers $2.13 per hour
                                 
                                 

NJ Paid Sick Leave Law Takes Effect Oct 29

NJ becomes the 10th state in the nation to require employers of all size to provide paid sick leave.
Any employer in NJS irrespective of size are covered. All employees are covered except per diem employees, public employees who already have sick leave benefits and employees in the construction industry employed under a collective bargaining agreement.
A maximum of 40 hours per year may be accrued at a rate of 1 hour per 30 worked. Here is the hard part: the employer is allowed to designate any period of 12 consecutive months as a benefit year. This can only be changed with first notifying NJ D of L. Existing employees begin accruing sick days on Oct 29th. New employees hired after that date begin accruing on their first date of employment.
Employers must post notification of employees rights.
Employees may begin to use this sick after the 120th day of employment.
Employees may use accrued sick time for diagnostic, care, treatment or recovery for self or family member or to attend a school meeting for their children.

NYC NEW POSTER REQUIREMENTS effective July 18, 2018

new poster requirements.
The new law of TEMPORARY SCHEDULE CHANGE LAW. It is now required that you post a poster that employees have a right to a schedule change twice a year.
This is for all employees who have worked 80+ hours (in a calendar year) and have worked for their employer 120 days.
An employee is allowed to request a temporary change in their schedule for a personal event. A personal event is, care for a child under 18, the need to care for a care recipient, any legal procedure and any other event which would fall under the paid safe and sick leave act.
The employer MUST grant accommodation with pay or allow unpaid time off. Request may be verbal but correspondence needs to be kept in writing
Employee may complain to NYC for not reasonable accommodation.
Contact me if you need a poster to hang up

NEW EMPLOYMENT OBLIGATIONS

Some recent legislation takes effect soon:
 Implement mandatory sexual harassment training for NYS employees
 Issue required notices for NYC employees regarding their right to "safe leave"
 Update sexual harrassment policies to include new protections for NYS workers
 Post new posters regarding sexual harrasment for NYC workers
 Issue information sheets to all new hires in NYC regarding sexual harassment
 Issue notices to MA employees regarding the rights or pregnant & nursing employees
 Revevaluate whether CA based workers should be classified as employees instead of independent
contractors based on CA newly issued more restrictive independent contractor test

NJ Enacts Equal Pay Protections Effective July 1, 2018

Effective July 1, 2018 NJ's equal pay law will provide new measures aimed at preventing unequal pay for employees performing essentially they same duties. The Act will now make it unlawful employment practice to pay employees unequally based on not just sex but on any protected classes. Which currently include race, creed, color national origin, age, martial status sexual orientations, disability and more.
The act gives employees an easier path to sue and win because now the burden of proof will be upon the employer. The employer will now have to prove why there is a difference in pay between similar workers.

NYC Requires Sexual Harrasement Training For Workers

For every employer in NYC of 15 or more employees, the employer must provide training to all employees on how to prevent sexual harassment. This law known as the stop sexual harassment in NYC act takes effect April 2019.

NYC Tempoary Work Schedule Changes

NYC recently expanded an employee's right to work schedule changes. Beginning July 18, 2018, NYC employers will be required to consider and permit 2 temporary schedule changes per calendar year due to certain personal reasons.  Personal reasons may include legal matters or other care giving issues.
In addition time off for sick time has been expanded to include help in getting to a violence shelter, file a domestic violence complaint or other similar reasons. Answers must be provided in writing.

NJ Paid Sick leave law

NJ recently passed a law requiring all employers to give paid sick time off. Employee's will accrue 1 hour for every 30 hours worked, to a maximum of 40 hours per year. Employers must post paid sick rules and provide it to all new hires. Sick time off may be used for victims of abuse in additional to sick and schooling related issues.

Amendment to NYC Human Rights Law

Recently NYC amended their human rights law to read that all NYC companies must engage in
"cooperative dialogue" with employees who request reasonable accommodation for time off.
NYCHRL has long required accommodation by employers to employees for many reasons (religious, disability, health or other) where it doesn't create a undue hardship.The real change is the way it's done. You must engage in good faith, upon final determination a written final determination must be done. No longer may you just talk it out, talk it out and write it up. This goes into effect Oct 15, 2018

Ban the Box A/K/A Fair Chance Act

Washington state just become the next state to Ban the Box. Employers are now prohibited from asking employees if they were arrested or incarcerated during a job interview or before a job offer is extended.
Washington state joins NYC which issued this law in mid 2017 also known as fair chance act. Washington's law takes effect June 2018.
Only after an offer of employment is offered may the employer ask about incarceration and can only withdraw the offer if the crime has a direct relation to the job offered.
In the last decade about 30 states have laws banning these type questions on the books.

NYS Paid Family Leave Act (PFL)

Effective 1/1/2018 Paid family leave act goes into effect. Employees will now be allowed up to 8 weeks off and 50% salary going to 67% of salary for 12 weeks (in 2021).
Employees will be allowed off to care for a family member who has a serious health condition. Also may be used to bond with a child during the 12 months after the birth, adoption or fostering of a child. This program is funded solely from the employee thru a deduction similar to NYS disability, .0126% of an employee's wage to a maximum of $1.65 per week.
This insurance is mandatory for all employers for PT or FT workers.
Leave can also be used when a spouse, child, domestic partner or parent of employee goes on active military duty.
Employees are entitled to job protection and retaliation is forbidden.
Compliance with this program must be posted conspicuously.