Original Date: December 21, 2018

As we are moving closer to the start of 2019, there are significant legal changes that will impact many if not all our organizations in New York State.  The changes listed below are specific to New York State, with considerations on federal changes.  Remember to communicate these changes to employees if they do impact your workforce; PFL changes, exempt status, etc.

2019 New York State Legal Changes:

  1. Executive and Administrative Exemption:
  • $727.50 per week on and after 12/31/16
  • $780.00 per week on and after 12/31/17
  • $832.50 per week on and after 12/31/18
  • $885.00 per week on and after 12/31/19
  • $937.50 per week on and after 12/31/20[i]

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  1. Minimum Wage Increases: Minimum wage will increase on 12/31/18, from $10.40 per hour to $11.10 per hour in the Southern Tier.  The rates vary in NYC and Long Island, but they also increase.  Watch for wage compression in your salary schedules.

https://www.ny.gov/new-york-states-minimum-wage/new-york-states-minimum-wage

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  1. Fast-Food Minimum Wage Increases:

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  1. New York State Paid Family Leave:

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2019 Statement of Rights Paid Family Leave

Other Legal Area’s to consider in 2019:

  1. Paid Bereavement Leave Legislation
  2. Recreational Marijuana Legislation
  3. NYS Predictable Scheduling Regulations (see below)
  4. Predictable Scheduling, Rest Between Shifts, Extra Hours (all have passed or will be active in NYC)
  5. Federal Minimum Wage (no changes to this since 2009)
  6. Federal Exempt/Non-exempt Levels (we could see this rise in 2019)
  7. FMLA Changes (paid maternity, adoption and foster care)
  8. New York State Sexual Harassment Training Requirements (remember October 2019)
  9. Affordable Care Act Changes, recent Texas ruling on 12.14.2018. (who knows!)
  10. Labor and Employment Law Posting Requirements (updates in 2019)

These are a few legal areas to consider, review and understand as we approach 2019.  Ensure PFL rates are adjusted for payroll deductions and communicate these changes.  Enjoy the holidays!

IRS Mileage Changes:

“The IRS announced Dec. 14… for 2019, standard mileage rates for the use of cars (also vans, pickups or panel trucks) will be:

  • 58 cents per mile driven for business use, up from 54.5 cents in 2018.
  • 20 cents per mile driven for medical or moving purposes, up from 18 cents.
  • 14 cents per mile driven in service of charitable organizations, which is unchanged from 2018.

Notice 2019-02 also provides that, for cars a taxpayer uses for business, the portion of the standard mileage rate treated as depreciation will be 26 cents per mile for 2019, up from 25 cents per mile in both 2018 and 2017.”[ii]

NYS State-Wide Proposed Predictable Scheduling Regulations

The proposed regulations cover a variety of events for which employers must provide “call-in pay,” including when employees:

  • Are required to report to work (i.e., “show up”), but are sent home early
  • Are not provided at least 14 days’ advance notice of their work shift (i.e., made to work an “unscheduled shift”)
  • Have their shift cancelled without at least 14 days’ advance notice (i.e., experience a “cancelled shift”)
  • Are required to be available to report to work for a shift if requested (i.e., be “on-call”)
  • Are required to be in contact with their employer within 72 hours of the possible start of the shift to confirm whether to report to work (i.e., “call for schedule”)

“No call-in pay is owed for cancelled shifts or for employees who work unscheduled shifts if there is a weather or other travel advisory and the employer offers employees the option of voluntarily reducing or increasing their scheduled hours, so they may stay home, arrive early, arrive late, depart early, or depart late…Call-in pay is also not owed for a cancelled shift when the cancellation is at the employee’s request or when operations cannot begin due to an “act of God” or other cause outside the employer’s control…employees who volunteer for an unscheduled shift are excluded from the call-in pay requirements applicable to unscheduled shifts.”[iii]

This is proposed legislation currently, it is not law yet.  The 30-day comment period during which the NYSDOL will accept public comments. Comments are due by January 11, 2019 and can be emailed to hearing@labor.ny.gov.  If your organization has comments, submit it prior to the January 11, 2019 date.  Be prepared for this predictive schedule legislation change throughout the state, New York City has laws in place, like this.

– Matthew Burr, HR Consultant

[i] https://labor.ny.gov/formsdocs/wp/Part142.pdf

[ii] https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/pages/2019-standard-mileage-rate.aspx

[iii] http://reply.hblaw.com/SnapshotFiles/1042cfd4-d56f-4156-882c-a490ed498a9c/Subscriber.snapshot?clid=5c7ee54a-1ce9-4d6c-8540-78d42f506fd0&cid=5fc68471-4ae6-4698-8d2c-feea48c6710f&ce=fo0VXSnMbAYqD2mf7h6%2bKKYRzdNLW%2feIRsUoSIQjMtk%3d

 

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Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD Lean Six Sigma Black Belt ABOUT: Matthew Burr has over 18-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has over 70+ publications including, American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM). Burr Consulting, LLC Capabilities Statement General Information: Burr Consulting, LLC Owner: Matthew W. Burr Mission Statement: “Strategically Aligning HR as a Partner for the Success of Your Business” Contact Information: Burr Consulting, LLC What's New in HR Blog Talentscape, LLC Labor Love, LLC (Labor Posters) The HR Support Center The Upstate HR Podcast (607)227-4386 Matthew@Burrconsultingllc.com Facebook: Burr Consulting, LLC LinkedIn: Burr Consulting, LLC Twitter: @Burrconsulting Online Certification Verification: Credibly Dun & Bradstreet (D&B) Number: 080776443 NAICS Codes: 541612, 923130, 54161, 541611, 541613, 611430, 541618, 561312, 561311 SIC: 8742, 8748, 9441, 8748001, 8748026 Our Services HR MANAGEMENT New Hire Orientation; Temporary HR Support; Recruiting and Application Tracking; HR Compliance (ADA, FMLA); Employee Handbook; Policy and Procedure; HRIS; HR Audits; Job Profile Design and Revision; HR Key Performance Indicators; EEO Reporting and Classification; State Unemployment Insurance Services TRAINING & TRAINING DEVELOPMENT Organizational Development; Employee Relations; Workplace Violence; Harassment & Sexual Harassment; Union Awareness; Managerial EMPLOYEE & LABOR RELATIONS Employee Relations Training; Conflict Resolution; Mentoring; Workplace Investigations; Labor Contract Costing; Mediation & Arbitration Prep; Fact-Finding; Workplace Investigations; Coaching & Counseling; Performance Reviews; Contingency Plan Development; Contingency Plan Training; State of New York Public Employment Relations Board (PERB)PERB Mediation and Fact-Finding Panels (Albany, NY covering the Elmira, NY Area) HIRING & RECRUITMENT Applicant Tracking Systems; Metric Development; Interview Training; Workforce Planning; Recruitment; Interviews; Job Offers; New Hire Process POLICY & COMPENSATION Group Plans – Healthcare, Dental, Vision, Group Life, Short- and Long-Term Disability; Retirement – 401(k), Profit Sharing, Roth; Workers Compensation; Total Compensation Design and Strategy; Deferred Compensation Plans; Salary Surveys; Reward Systems; Online Payroll; Customized Payroll Processing; Employee Self Service; Customized Reporting HR COMPLIANCE MATERIALS Burr Consulting, LLC is excited to announce a new partnership with Labor Love LLC, expanding our services to include HR printed materials compliant with industry standards.

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