Log in

Counsel's Corner

Read articles prepared by NYSA's general counsel.

  • Tuesday, March 20, 2018 4:59 PM | Anonymous

    By: Joel A. Klarreich, Esq. and Jason B. Klimpl, Esq.

    As we are now well into the new calendar year, New York employers, including staffing and direct hire firms, are reminded to comply with the incremental minimum wage increases and corresponding increases to the salary level thresholds for employees to qualify as “exempt” from most New York overtime requirements. As reported in our firm’s previous Employment Note, these increases were adopted by the New York State Department of Labor (NYSDOL) in December 2016.

    Download the full article


  • Tuesday, December 12, 2017 5:02 PM | Anonymous

    By: Joel A. Klarreich, Esq. and Jason B. Klimpl, Esq.

    With the New York City Fair Workweek Law (the “Law”) taking effect on November 26, 2017, New York City retail employers – which may include staffing firms that place employees at retail businesses – now face significant restrictions when it comes to assigning and changing the work schedules of their retail employees.

    Download the full article.




  • Tuesday, September 05, 2017 5:22 PM | Anonymous

    By:  Joel A. Klarreich, Esq. and Jason B. Klimpl, Esq.

    The Department of Homeland Security (“DHS”) hasissued another update to the Form I-9, Employment Eligibility Verification(“I-9 Form”). The new I-9 Form will become mandatory for staffing firms andother employers to use with new hires and reverifications starting on September18, 2017.

    Download the full article

  • Friday, May 12, 2017 5:20 PM | Anonymous

    By:   Joel A. Klarreich, Esq. and Jason B. Klimpl, Esq.

    On April 5, 2017, in an effort to narrow the gender wage gap, the New York City Council passed legislation that will make it an unlawful discriminatory practice for private employers, including staffing firms, and employment agencies (recruiting firms) to inquire about an applicant’s or prospective employee’s salary history (i.e., current or prior wages, benefits or other compensation) or rely on an applicant’s or prospective employee’s salary history in determining such person’s compensation during the hiring process, including the negotiation of an employment agreement. As a result of the efforts of the New York Staffing Association (NYSA), the original bill was amended to provide that these restrictions do not extend to any objective measures of productivity such as revenue, sales or other reports, as the law specifically excludes such measures from the definition of salary history, which will help to ameliorate the impact of the restrictions on staffing firms and other employers when hiring and placing sales persons or other individuals where productivity or performance is relevant. NYSA anticipates working with the City Council and Commission on Human Rights to provide additional flexibility to employers, including staffing firms, and employment agencies to verify the compensation history of performance-based prospective employees, such as those who had been paid on a commission basis.

    Download full article

  • Tuesday, May 31, 2016 5:15 PM | Anonymous

    By:  Joel A. Klarreich, Esq. Jason B. Klimpl, Esq.

    On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of its final Fair Labor Standards Act (FLSA) overtime rule, which, most notably, significantly increases the salary level threshold for the FLSA’s “white collar” exemptions from $23,660 to $47,476 annually (or from $455 to $913 per week). As a result, millions of executive, administrative, and professional employees who are paid less than the new salary threshold will be entitled to overtime pay under the FLSA when the rule takes effect on December 1, 2016. Moreover, in an effort to prevent the new threshold from becoming outdated, the DOL implemented a mechanism to automatically update the salary level every three years.

    Download the full article

New York Staffing Association (NYSA)

370 Lexington Avenue, Suite 902, New York, NY 10017


Powered by Wild Apricot Membership Software