‘Twas the 4th night after Christmas and we’re here to say, read our newsletter (even if you’re away)

This one was supposed to be published before Christmas (and if you are subscribed to our e-mail newsletter, you received it then!), but things happen . . .

We’re feeling generous this week, so we’ve stuffed your stocking with minimum wage increases, new job advertising requirements for employers, and, of course, the latest COVID-19 related news. Read on, because like Santa, we have a lot of ground to cover.

Miracle on 100 East Fifth Street

It’s not often we find ourselves mentioning Cincinnati in this newsletter, but when the Sixth Circuit Court of Appeals is randomly chosen via a “multi-circuit lottery” to settle the national debate over President Biden’s rule regarding mandatory vaccinations for employers with 100+ employees, well, we answer the call.

As you have likely heard by now, OSHA’s Emergency Temporary Standard (“ETS”) requires employers with 100 or more employees to establish a mandatory vaccination policy, subject to a test-out option. The ETS was met with almost instantaneous litigation, with courts in nearly half the country upholding challenges to the new rule. After a lottery was held (seriously), and the matter was given to the Sixth Circuit, that Court issued a decision that lifted the Fifth Circuit’s stay and put the ETS back in play.

Employers subject to this rule now have until January 10, 2022 to comply with the vaccination requirements. With the holidays coming, that doesn’t leave you much time to get a move on it. Then again, the Supreme Court will now hear this issue on January 7 (because why not), so if you’re a gambler . . .

(Of course, if you’re in a jurisdiction that has already passed a rule requiring mandatory vaccinations for all private-sector employers, regardless of size *cough, cough* New York *cough, cough*, you have even less time to get your house in order.)

Ebenezers Beware – Minimum Wage Increases are Coming

Attention New York and New Jersey employers – it’s that time of the year where residents should expect minimum wage increases in the next couple of weeks.

  • For our New Jersey friends, back in 2019, Governor Murphy signed a law that gradually increases the State’s minimum wage to $15/hour. Effective January 1, 2022, the minimum wage will increase from $12 to 13.00/hour for most non-exempt employees, and increase from $11.10 to $11.90 for seasonal and small employers with fewer than 6 employees.
  • For New York, effective December 31, 2021, Nassau, Suffolk, and Westchester counties will join New York City with a minimum wage increase to $15/hour. For employers upstate, the minimum wage will increase from $12.50 to $13.20 per hour. Also effective December 31, 2021, the salary threshold for overtime exemptions is being raised to $1,125.00 per week for Nassau, Suffolk, and Westchester counties (up from $1,050.00), and $990.00 for upstate workers (up from $937.50).

With these increases perhaps we can all say, a bit more confidently: keep the change, ya filthy animals! (said in the most loving way possible)

NYC Human Rights Law Amended to Require Salary Transparency in Job Ads

Yet another warning to the Scrooges of the world. The New York City Council has announced a bill that, if passed, would amend the NYC Human Rights Law to require that all employers state the minimum and maximum potential salaries for almost all job advertisements. This requirement would apply to internal job postings as well as internal promotions or transfers. Temp agencies whose primary purpose is to recruit and place employees with other companies are excluded.

Stay tuned for more updates, and keep dreaming of a white Christmas . . . but if the white runs out, drink the red. As always, if you’ve got questions – you know we’ve got answers.

Damien + Brian


Established in 2019, New York City-based Weinstein + Klein is a boutique law firm focused on labor and employment law, business matters, and litigation. Weinstein + Klein works with businesses, individuals, and entrepreneurs to protect their legal interests. In addition to advising clients on employment matters and working with businesses to minimize their risk of litigation, Weinstein + Klein advises small businesses and start-ups on various business law matters. For more information about Weinstein + Klein, please visit www.weinsteinklein.com.

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