Labor & Employment Alert | June 2016 collective bargaining agreement that expressly provides the methods or methods by which wages may be paid to employees (without the approval of the union). would not apply to individuals working in executive, administrative or professional capacities if they earn more than $900 per week. The proposed regulations provide for a 30-day public comment period following their publication. Any comments received by the Department of Labor during this time period will be reviewed and considered prior to the issuance of the final regulations. The final regulations will go into effect six months after they are adopted. When the final regulations are adopted, prudent employers should review their payroll practices, including their new hire paperwork, notice and consent forms (for direct deposit and/or payroll debit cards), payroll policies and applicable employee handbook provisions. Employers also should consult with their payroll companies and issuers of payroll debit cards, if applicable, to ensure that the final regulations are followed faithfully and that any cardholder agreements and fee structures comply with all requirements. Employers who elect to pay their employees through payroll debit cards should expect their pay practices to be carefully scrutinized by the New York State Department of Labor. Thus, New York employers should be cautious and follow the final regulations rigidly.

Employers also should be aware that the regulations, as currently proposed, For more information about this alert, please contact Carolyn D. Richmond at 212.878.7983 or crichmond@foxrothschild.com, Glenn S. Grindlinger at 212.905.2305 or ggrindlinger@foxrothschild. com, Jason B.

Jendrewski at 212.878.7952 or jjendrewski@foxrothschild.com or any member of the firm’s Labor & Employment Department. Comment Period, Implementation and Guidance for Employers Attorney Advertisement © 2016 Fox Rothschild LLP. All rights reserved. All content of this publication is the property and copyright of Fox Rothschild LLP and may not be reproduced in any format without prior express permission.

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