To help members track important deadlines and new and upcoming compliance requirements, the Association has put together this list of reminders.
Anti-Sexual Harassment Requirements All dealers must have an anti-sexual harassment policy in place now and ensure all employees are trained by October 9, 2019 . (see page 9). n Energy and Water Benchmarking, DEADLINE DECEMBER 31, 2018 : Dealers with over 25,000 sq. ft. of floor area, including multiple separate buildings that when added together total at least 100,000 gross sq. ft. of floor area, must report energy and water use. Sick and Safe Time, June 4, 2018: NYC dealers must have a sick and safe time policy. Employees may use safe time when they have, or a family member has, been the victim of domestic violence, a sexual offense, or human trafficking. A “family member” is anyone “related by blood” or “any other individual whose close association with the employee is the equivalent of a family relationship.” n Temporary Schedule Change, July 18, 2018: This gives employees up to 2 temporary schedule changes per calendar year for “personal events.” A “temporary change” can include short-term unpaid leave, paid time off, working remotely, or swapping or shifting work hours. Each year, dealers must grant an employees’ schedule change request on at least 2 separate single day occasions, or on one occasion for up to 2 business days. Employees do not need to provide supporting documentation, nor are they subject to notice requirements. n Cooperative Dialogue, October 15, 2018: Dealers must engage in a cooperative dialogue when an employee requests, or the dealer has notice they may require, an accommodation, related to religious needs, a disability, pregnancy/childbirth/a related condition, or as a victim of domestic violence/sex offenses/stalking. n Lactation Accommodation and Policy, March 17, 2019: Dealers must designate a “lactation room,” defined as “a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion.” Dealers must also give employees a written policy that informs them of their lactation accommodation rights. New Requirements for NYC n
MinimumWage - Effective 12/31/2018
NYC dealers - $15.00
n Nassau, Suffolk, and Westchester Counties - $12.00 n Rockland County and the rest of NY - $11.10 “White Collar” Overtime Exemption Threshold - Effective 12/31/2018 n NYC - $1,125.00 per week, $58,500.00 per year n Nassau, Suffolk, and Westchester Counties - $900.00 per week, $46,800.00 per year n Rockland County and the rest of NY - $832.00 per week, $43,264.00 per year Paid Family Leave 2019 is the second year of the four-year phase in of NY’s Paid Family Leave (PFL) program, which gives eligible employees paid, job protected time off to bond with a new child, care for a sick family member, or assist when a family member is deployed on active military service. Premiums and Deductions On January 1, 2019, dealers can begin deducting 0.153% of an employee's weekly wage, up to a maximum annual contribution of $107.97, to pay the premiums. Commissions are treated as wages for PFL purposes. Benefits In 2019 employees can take up to ten weeks of Paid Family Leave and receive 55% of their average weekly wage, capped at 55% of the New York State Average Weekly Wage. Employees also maintain their dealer-provided health insurance while on PFL as long as they continue making their necessary contributions. Covered Leave The “Living Donor Protection Act of 2018” allows employees to use PFL to care for a covered family member preparing to or recovering from donating an organ or tissue. This goes into effect on February 3, 2019 . This is consistent with the Federal Family Medical Leave Act which treats organ and tissue donation as covered leave.
Greater New York Automobile Dealers Association • www.gnyada.com