• New York State Strengthens Wage and Hour Protections
  • September 15, 2009
  • Law Firm: Proskauer Rose LLP - New York Office
  • On August 26, 2009, Governor Paterson signed into law an act amending specific wage and hour provisions of the New York State Labor Law - sections 198(1-a), 215(1) and 663(1), (2). The new amendments strengthen the State's protections for covered workers by: 1) shifting the burden to employers, who have been found in violation of New York's Labor Law (NYLL), to avoid liquidated damages by establishing a good faith basis for underpaying workers; 2) increasing penalties against employers; 3) extending liability to officers and agents of limited liability companies and partnerships; and 4) broadening the Commissioner of Labor's enforcement powers to commence civil or administrative actions and seek liquidated damages. These "strengthened" wage and hour protections passed with no significant public opposition and take effect ninety (90) days from enactment, which is November 24, 2009.