
5 policies New York employers need to prepare for

Salary thresholds for overtime exemption
For New York City employers with 11 or more employees, wages will increase to $975 per week, or $50,700 a year, from $825 per week, or $42,900 a year. New York City employers with 10 or fewer employees will need to increase wages to $900 per week, or $46,800 a year, from $787.50 per week, or $40,950 a year.
Employers based in Long Island and Westchester County will need to increase the salary threshold to $825 per week, or $42,900 a year, from $750 per week, or $39,000 a year. Employers upstate will need to increase wages to $780 per week, or $40,560 a year, compared to last year’s mandate of $727.50 per week, or $37,830 a year.
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The threshold will increase again in 2018, and Long Island- and Westchester-based employers will see overtime thresholds increase every year until 2021.

State minimum wage increases
Employers in New York City with 11 or more employees will need to raise the minimum wage from $11 an hour to $13 an hour; employers in New York City with 10 or fewer employees will need to raise the minimum wage from $10.50 an hour to $12 an hour. Long Island- and Westchester-based employees should be making $11 an hour, up from $10 an hour in 2016. Employers upstate need to raise the minimum wage from $9.70 an hour to $10.40 an hour.
The required minimum wage is based on where an employee works, regardless of the location of the employer’s main office, Wexler says.

Paid family leave
The program is funded by employee deductions, which cost $1.63 a week per employee, Wexler says. Those deductions can start on Jan. 1, 2017 to build up money once the program begins in 2018, he says. Employers are not required to fund any portion, and the law protects against the loss of any employment benefits accrued prior to the leave.
The employee must use the benefit to provide physical or psychological care to a family member with a serious health condition; to bond with the employee’s child during the first 12 months after the child’s birth or after the placement of the child for adoption or foster care with the employee; use for any qualifying need under FMLA arising out of active duty in the armed forces, according to Vedder Price.
Employees must provide their employer with a written notice and proof of need, as well as give at least 30 days of notice. The law will not cover absences resulting from the employee’s own medical condition, which Wexler notes is a major difference from the FMLA. Similarly, the FMLA can be used for pre-natal time off whereas this policy cannot, according to the firm. New York’s paid family leave cannot run concurrently with the FMLA.
Employers must reinstate any employee who takes

Protections guidance
The guidance focuses on examples employers can and cannot do in regards to providing pregnant employees on unpaid leave and reasonable accommodations.
Employers also can view guidance that focuses on violations for failing to use an employee’s preferred name or pronoun, refusing to allow employees to utilize single-sex facilities and imposing different dress codes or grooming standards based on sex or gender, says Vedder Price shareholder Blythe Lovinger.

Salary history ban
The law doesn’t apply to employees’ applications for internal transfers or promotions, as well as public employees’ salaries or benefits, which are determined through collective bargaining, Lovinger says.