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New York Strengthens Wage Laws

By Elise M. Bloom, Fredric C. Leffler and Thomas A. McKinney
September 24, 2008

Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.

Change in the Wage Threshold for Exemption

New amendments to the NYLL expand the NYSDOL's jurisdiction and enforcement capabilities by enlarging the pool of covered employees subject to the protections afforded under Article 6. In this regard, the amendments to NYLL ” 190(7), 192(2), and 198-c(3) increased the weekly wage threshold that exempts those individuals employed in an executive, administrative or professional category from coverage under certain provisions of Article 6 to $900 a week, up from $600 a week. Consequently, most workers who make less than $900/week, even if employed in an exempt capacity, are now protected under various sections of Article 6, expanding the pool of workers on whose behalf enforcement actions can be brought. Moreover, employees subject to Article 6 have a private right of action as well.

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