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New Requirements for New York Employers

The New York Department of Labor (NY DOL) recently issued a new requirement pertaining to same sex couples.  Effective October 29, 2010, if an employer provides funeral or bereavement leave to married employees, it must provide leave for the death of an employee’s same-sex committed partner or the child, parent or other relative of the committed partner.  The relationship of the same-sex partners must mirror that of a committed spousal relationship. 

Also, the NY DOL reaffirms its tough stance on when an employer can deduct from an employees wages.  The NY DOL lists five permissible deductions: 1) payments for insurance premiums; 2) payments for pension or health and welfare benefits; 3) contributions to charitable organizations; 4) payments for United States bonds; and 5) payments for dues or assessments to a labor organization.  The NY DOL may permit deductions which are similar to those listed.  However, all other deductions are illegal.  They specifically list several illegal deductions, including repayment of loans, advances or debts, recovery for spoilage or breakage, recovery of employment-related expenses, purchases made from employer-sponsored stores or cafeterias, and cash register shortages. 

Brody and Associates regularly advises management on complying with state and federal employment laws including wage and hour laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0565.

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