United States: New York State Has Adopted Amendments To Existing Minimum Wage Orders

Last Updated: January 6 2017
Article by Bruce Millman

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from overtime will come into force.1 This article summarizes the changes, which will take effect on December 31, 2016.

Schedule of NYS Minimum Salaries for Overtime Exemption 

The amendments are significant. Notably, the exemption thresholds for executive and administrative employees2 will increase depending on employer size, location, and year.3 

The schedule of minimum salaries for exemption4 is as follows:

New York City

Large Employers of 11 or more employees

12/31/2016

$825.00 per week

12/31/2017

$975.00 per week

12/31/2018

$1,125.00 per week

Small Employers of 10 or fewer employees

12/31/2016

$787.00 per week

12/31/2017

$900.00 per week

12/31/2018

$1,012.50 per week

12/31/2019

$1,125.00 per week

 

Nassau, Suffolk, and  Westchester Counties

12/31/2016

$750.00 per week

12/31/2017

$825.00 per week

12/31/2018

$900.00 per week

12/31/2019

$975.00 per week

12/31/2020

$1,050.00 per week

12/31/2021

$1,125.00 per week

Outside of Nassau, Suffolk, and  Westchester Counties

12/31/2016

$727.50 per week

12/31/2017

$780.00 per week

12/31/2018

$832.00 per week

12/31/2019

$885.00 per week

12/31/2020

$937.50 per week

Employers should be aware that a close reading of the Wage Order for Miscellaneous Occupations might support an argument that employees covered by that wage order who are exempt under the Fair Labor Standards Act and who meet the lower federal salary threshold but do not meet the higher New York threshold may nonetheless be exempt so long as their salary is sufficient to pay them time and one-half New York's minimum rate for all overtime hours.5 However, we have found no direct DOL interpretation or application of that Wage Order provision to the salary level of "white collar" employees.  Further, reliance on that provision may require an employer to track the hours of such exempt employees, to demonstrate that their salaries were sufficient to cover the overtime requirement.  Therefore employers are cautioned to consult with counsel before relying on that provision to pay exempt white collar employees a salary less than the state threshold.     

NYSDOL Clarifies Legislation and Proposed Wage Orders in Recent FAQs

On December 27, 2016, the NYSDOL published new frequently asked questions ("FAQs") on its minimum wage website that clarify many aspects of the recent minimum wage legislation and its wage orders.6

First, the website makes clear that the NYSDOL intends the new minimum salary thresholds to be effective immediately – that is, December 31, 2016, because of state law.

Second, the FAQs announce that, for purposes of the higher minimum wage and salary thresholds, a "large" employer is defined as "any business that 1) employs one or more employees in New York City and 2) has employed more than 10 employees at any time during the current or prior calendar year and among all worksites."7  [emphasis added].  This size is based on the highest total number of employees at any given time during the current or prior calendar year and among worksites.  Thus, an employer with only one employee in New York City could be considered a large New York City employer for purposes of the minimum wage and salary requirements.  The FAQs also indicate that each part-time employee will count towards the total number of employees needed to reach the threshold.8

The FAQs emphasize that the minimum wage rate that applies is the one where an employee performs the work, regardless of where the employer is located. If employees work in two minimum wage regions (e.g., they perform work in Westchester and New York City), an employer must either pay these employees the highest rate for all hours worked, or pay them for each hour worked in every region at the applicable minimum wage rate for that region. Thus, employers must keep track of employee hours worked, rates paid, and wages earned for hours worked in different regions.

Additionally, employees must be made aware of the pay rate applicable to the work they perform. Therefore, according to the NYSDOL, employers may either provide separate Wage Theft Prevention Act notices for each region, job site, job title, and pay rate or they may provide a listing of all rates on a single employee pay notice. The Wage Theft Prevention Act requires, and the FAQs remind employers, that increases in the employee's wage rate must also be reflected in the wage statement provided with their paycheck. Employers in the hospitality industry, however, must also provide their employees with written notice prior to any change in hourly rates of pay, and all employers must provide written notice of any decrease in employees' hourly wage or reclassification from exempt to non-exempt prior to performance of work at the lower rate.  

Lastly, should an employer's workforce drop to below 11 employees at any given time, the employer must wait a full calendar year before becoming subject to the "small" employer rate. For example, a New York City employer that employed more than 20 employees at any time in 2016, but does not employ more than 10 persons throughout 2017, will be considered a small employer in 2018 as long as it continues to employ no more than 10 people.

Texas Injunction Does NOT Affect NYSDOL Increases

On November 22, 2016, a federal judge in the Eastern District of Texas issued a preliminary injunction enjoining the United States Department of Labor from implementing its changes to regulations under the federal Fair Labor Standards Act (FLSA), which would have more than doubled the salary threshold for administrative, executive, and professional employees, and was due to take effect on December 1.9 The judge in Texas found that the proposed changes in FLSA regulations were contrary to the requirements of the FLSA itself.

This injunction does not affect the increases in New York's minimum salary thresholds.  In fact, New York state law required that the salary thresholds be increased in proportion to the statutory increases in minimum wages adopted by the legislature and approved by the Governor in April.

Although the NYSDOL regulations create salary thresholds for 2017 that are below the now-enjoined federal thresholds, some New York employers will soon see minimum salaries for exemption leapfrog the proposed federal requirements on December 31, 2017. For example, employers with 11 or more employees will see the minimum salary level for exempt employees working in New York City exceed the federal requirements a year from now.

Tip Credits: Hospitality Industry

Hospitality Service Employees

Employers should note that the NYSDOL's amendment introduces a "tip threshold" into the tip credit landscape for hospitality industry service employees. Previously, employers were permitted to take a tip credit—up to a certain amount—provided that the employer paid a minimum cash wage and that the total cash wage plus tip exceeded the minimum rate. Under the amendment, the employer may now only claim the tip credit if¸ in addition to the above, the employee earns the hourly "tip threshold," which exceeds the amount of tip credit itself. The good news is that this tip threshold applies only to "service" employees, and does not apply to "food service" employees. Thus, employers need not be concerned about food servers, bussers, runners, bartenders and captains, for example, but do need to be wary about delivery employees, coat check employees, bellhops and doormen, for example, who are "service" employees but not considered "food service" employees.10

Table 1: Service Employees11

 

Effective Date

 

Tipped Employees in New York City, 11 or More Employees

Tipped Employees in New York City, Fewer Than 11 Employees

Employees in Nassau, Suffolk, and Westchester Counties

Employees in the Remainder of New York State

 

December 31, 2016

--

Min. hourly rate: $11

Cash Wage: $9.15

Tip Credit Rate: $1.85

Tip Threshold: $2.40

Cash Wage: $8.75

Tip Credit Rate: $1.75

Tip Threshold: $2.30

Cash Wage: $8.35

Tip Credit Rate: $1.65

Tip Threshold: $2.15

Cash Wage: $8.10

Tip Credit Rate: $1.60

Tip Threshold: $2.10

 

December 31, 2017

--

Min. hourly rate: $13

Cash Wage: $10.85

Tip Credit Rate: $2.15

Tip Threshold: $2.80

Cash Wage: $10.00

Tip Credit Rate: $2.00

Tip Threshold: $2.60

Cash Wage: $9.15

Tip Credit Rate: $1.85

Tip Threshold: $2.40

Cash Wage: $8.65

Tip Credit Rate: $1.75

Tip Threshold: $2.25

 

December 31, 2018

--

Min. hourly rate: $15

Cash Wage: $12.50

Tip Credit Rate: $2.50

Tip Threshold: $3.25

Cash Wage: $11.25

Tip Credit Rate: $2.25

Tip Threshold: $2.95

Cash Wage: $10.00

Tip Credit Rate: $2.00

Tip Threshold: $2.60

Cash Wage: $9.25

Tip Credit Rate: $1.85

Tip Threshold: $2.40

 

December 31, 2019

--

Min. hourly rate: $15

 

Cash Wage: $12.50

Tip Credit Rate: $2.50

Tip Threshold: $3.25

Cash Wage: $10.85

Tip Credit Rate: $2.15

Tip Threshold: $2.80

Cash Wage: $9.85

Tip Credit Rate: $1.95

Tip Threshold: $2.55

December 31, 2020

--

Min. hourly rate: $15

 

 

Cash Wage: $11.65

Tip Credit Rate: $2.35

Tip Threshold: $3.05

Cash Wage: $10.40

Tip Credit Rate: $2.10

Tip Threshold: $2.70

 

December 31, 2021

--

Min. hourly rate: $15

 

 

Cash Wage: $12.50

Tip Credit Rate: $2.50

Tip Threshold: $3.25

 

Food Service Workers

The amendments increase the required "cash wage" rate (i.e., hourly wage paid before tips) and "tip credit" rate, on a yearly basis, and now require that an employee's total tips received plus wages equals or is greater than the hourly "total" rate.12

Table 2: Food Service Employees13 (excluding Fast Food Employees)14

 

Effective Date

 

Tipped Employees in New York City, 11 or More Employees

Tipped Employees in New York City, Fewer Than 11 Employees

Employees in Nassau, Suffolk, and Westchester Counties

Employees in the Remainder of New York State

 

December 31, 2016

 

Cash Wage: $7.50

Tip Credit Rate: $3.50

Total: $11.00

Cash Wage: $7.50

Tip Credit Rate: $3.00

Total: $10.50

Cash Wage: $7.50

Tip Credit Rate: $2.50

Total: $10.00

Cash Wage: $7.50

Tip Credit Rate: $2.20

Total: $9.70

 

December 31, 2017

 

Cash Wage: $8.65

Tip Credit Rate: $4.35

Total: $13.00

Cash Wage: $8.00

Tip Credit Rate: $4.00

Total: $12.00

Cash Wage: $7.50

Tip Credit Rate: $3.50

Total: $11.00

Cash Wage: $7.50

Tip Credit Rate: $2.90

Total: $10.40

 

December 31, 2018

 

Cash Wage: $10.00

Tip Credit Rate: $5.00

Total: $15.00

Cash Wage: $9.00

Tip Credit Rate: $4.50

Total: $13.50

Cash Wage: $8.00

Tip Credit Rate: $4.00

Total: $12.00

Cash Wage: $7.50

Tip Credit Rate: $3.60

Total: $11.10

 

December 31, 2019

 

 

Cash Wage: $10.00

Tip Credit Rate: $5.00

Total: $15.00

Cash Wage: $8.65

Tip Credit Rate: $4.35

Total: $13.00

Cash Wage: $7.85

Tip Credit Rate: $3.95

Total: $11.80

 

December 31, 2020

 

 

 

Cash Wage: $9.35

Tip Credit Rate: $4.65

Total: $14.00

Cash Wage: $8.35

Tip Credit Rate: $4.15

Total: $12.50

December 31, 2021

 

 

 

Cash Wage: $10.00

Tip Credit Rate: $5.00

Total: $15.00

 

Uniform Maintenance Pay

The Hospitality Wage Order amendment implements new yearly increases to the uniform maintenance allowance, based on total weekly hours worked, as well as size and location of employer.15 In the case where an employee works in two minimum wage regions (e.g., New York City and Nassau), employers may either pay the higher uniform maintenance allowance for the week or prorate the allowance for the number of hours worked in each region. Employers should immediately plan and budget for these yearly increases.

Table 3: Uniform Maintenance Allowance16

New York City

Large Employers of 11 or more employees

 

 

On or after December 31

High Rate

(Paid, in addition to minimum wage, to employees who work in excess of 30 hours per week)

Medium Rate

(Paid, in addition to minimum wage, to employees who work 20 -- 30 hours per week)

Low Rate

(Paid, in addition to minimum wage, to employees who work fewer than 20 hours per week)

2016

$13.70

$10.80

$6.55

2017

$16.20

$12.80

$7.75

2018

$18.65

$14.75

$8.90

Small Employers of 11 or more employees

2016

$13.05

$10.35

$6.25

2017

$14.95

$11.80

$7.15

2018

$16.80

$13.30

$8.05

2019

$18.65

$14.75

$8.90

 

Nassau, Suffolk, and  Westchester Counties

On or after December 31

High Rate

 

(Paid, in addition to minimum wage, to employees who work in excess of 30 hours per week)

Medium Rate

 

(Paid, in addition to minimum wage, to employees who work 20 -- 30 hours per week)

Low Rate

 

(Paid, in addition to minimum wage, to employees who work fewer than 20 hours per week)

2016

$12.45

$9.85

$5.95

2017

$13.70

$10.80

$6.55

2018

$14.95

$11.80

$7.15

2019

$16.20

$12.80

$7.75

2020

$17.40

$13.75

$8.30

2021

$18.65

$14.75

$8.90

Outside of Nassau, Suffolk, and  Westchester Counties

On or after December 31

High Rate

(Paid, in addition to minimum wage, to employees who work in excess of 30 hours per week)

Medium Rate

(Paid, in addition to minimum wage, to employees who work 20 -- 30 hours per week)

Low Rate

(Paid, in addition to minimum wage, to employees who work fewer than 20 hours per week)

2016

$12.05

$9.55

$5.75

2017

$12.95

$10.25

$6.20

2018

$13.80

$10.90

$6.60

2019

$14.70

$11.60

$7.00

2020

$15.55

$12.30

$7.45

Meal Credits 

Employers may take a "meal credit" for meals provided to the employee (including: "Food Service," Hospitality "Service," and "Other" employees). Meal credits may be considered part of the employee's wages so long as each meal credit's value does not exceed the following rates:

Table 4: Meal Credits in Restaurants and All-Year Hotels17

 

Effective Date

 

Tipped Employees in New York City, 11 or More Employees

Tipped Employees in New York City, Fewer Than 11 Employees

Employees in Nassau, Suffolk, and Westchester Counties

Employees in the Remainder of New York State

 

December 31, 2016

 

Food Service: $2.85

Service: $3.05

Other: $3.80

Food Service: $2.80

Service: $2.90

Other: $3.60

Food Service: $2.70

Service: $2.80

Other: $3.45

Food Service: $2.65

Service: $2.70

Other: $3.35

 

December 31, 2017

 

Food Service: $3.25

Service: $3.60

Other: $4.50

Food Service: $3.05

Service: $3.35

Other: $4.15

Food Service: $2.85

Service: $3.05

Other: $3.80

Food Service: $2.75

Service: $2.90

Other: $3.60

 

December 31, 2018

 

Food Service: $3.60

Service: $4.15

Other: $5.15

Food Service: $3.35

Service: $3.75

Other: $4.65

Food Service: $3.05

Service: $3.35

Other: $4.15

Food Service: $2.90

Service: $3.10

Other: $3.80

 

December 31, 2019

 

 

Food Service: $3.60

Service: $4.15

Other: $5.15

Food Service: $3.25

Service: $3.60

Other: $4.50

Food Service: $3.00

Service: $3.30

Other: $4.05

 

December 31, 2020

 

 

 

Food Service: $3.45

Service: $3.90

Other: $4.80

Food Service: $3.15

Service: $3.45

Other: $4.30

 

December 31, 2021

 

 

Food Service: $3.60

Service: $4.15

Other: $5.15

 

Lodging Credits

Employers may take "lodging credits" for lodging provided to the employee (including: "Food Service," "Hospitality Service," and "Other" employees). These credits may be considered as part of the employee's wages so long as they do not exceed the hourly, daily or weekly amounts listed below:

Table 5: Lodging Credits in Restaurants18

 

Effective Date

 

Tipped Employees in New York City, 11 or More Employees

Tipped Employees in New York City, Fewer Than 11 Employees

Employees in Nassau, Suffolk, and Westchester Counties

Employees in the Remainder of New York State

December 31, 2016

 

Food Service:

$1.70/day or $11.00/week

Service:

$2.15/day or $13.80/week

Other:

$2.70/day or $17.10/week

Food Service:

$1.65/day or $10.65/week

Service:

$2.05/day or $13.20/week

Other:

$2.55/day or $16.35/week

Food Service:

$1.60/day or  $10.30/week

Service:

$1.95/day or $12.55/day

Other:

$2.45/day or $15.55/week

Food Service:

$1.60/day or $10.10/week

Service:

$1.90/day or $12.20/week

Other:

$2.35/day or $15.10/week

December 31, 2017

 

Food Service:

$1.95/day or $12.45/week

Service:

$2.55/day or $16.30/week

Other:

$3.20/day or $20.20/week

Food Service:

$1.85/day or  $11.75/week

Service:

$2.35/day or  $15.05/week

Other:

$2.95/day or $18.65/week

Food Service:

$1.70/day or $11.00/week

Service:

$2.15/day or $13.80/week

Other:

$2.70/day or $17.10/week

Food Service:

$1.65/day or $10.60/week

Service:

$2.00/day or $13.05/week

Other:

$2.55/day or $16.20/week

December 31, 2018

 

Food Service:

$2.15/day or $13.85/week

Service:

$2.90/day or $18.85/week

Other:

$3.65/day or $23.35/week

Food Service:

$2.00/day or $12.80/week

Service:

$2.65/day or $16.95/week

Other:

$3.30/day or $21.00/week

Food Service:

$1.85/day or $11.75/week

Service:

$2.35/day or $15.05/week

Other:

$2.95/day or $18.65/week

Food Service:

$1.75/day or $11.10/week

Service:

$2.15/day or $13.95/week

Other:

$2.70/day or $17.25/week

December 31, 2019

 

 

Food Service:

$2.15/day or $13.85/week

Service:

$2.90/day or $18.85/week

Other:

$3.65/day or $23.35/week

Food Service:

$1.95/day or $12.45/week

Service:

$2.55/day or $16.30/week

Other:

$3.20/day or $20.20/week

Food Service:

$1.80/day or $11.60/week

Service:

$2.30/day or $14.80/week

Other:

$2.90/day or $18.35/week

December 31, 2020

 

 

 

Food Service:

$2.05/day or $13.15/week

Service:

$2.70/day or $17.60/week

Other:

$3.40/day or $21.80/week

Food Service:

$1.90/day or $12.10/week

Service:

$2.45/day or $15.70/week

Other:

$3.05/day or $19.45/week

December 31, 2021

 

 

 

Food Service:

$2.15/day or $13.85

Service:

$2.90/day or $18.85/week

Other:

$3.65/day or $23.35/week

 

Table 6: Hourly Lodging Credits in All-Year Hotels19

 

Effective Date

Tipped Employees in New York City, 11 or More Employees

Tipped Employees in New York City, Fewer Than 11 Employees

Employees in Nassau, Suffolk, and Westchester Counties

Employees in the Remainder of New York State

 

December 31, 2016

 

Food Service: $0.40

Service: $0.45

Other: $0.55

Food Service: $0.40

Service: $0.40

Other: $0.55

Food Service: $0.40

Service: $0.40

Other: $0.50

Food Service: $0.35

Service: $0.40

Other: $0.50

 

December 31, 2017

 

Food Service: $0.45

Service: $0.50

Other: $0.65

Food Service: $0.45

Service: $0.45

Other: $0.60

Food Service: $0.40

Service: $0.45

Other: $0.55

Food Service: $0.40

Service: $0.40

Other: $0.50

 

December 31, 2018

 

Food Service: $0.50

Service: $0.60

Other: $0.75

Food Service: $0.45

Service: $0.55

Other: $0.70

Food Service: $0.45

Service: $0.45

Other: $0.60

Food Service: $0.40

Service: $0.45

Other: $0.55

 

December 31, 2019

 

 

Food Service: $0.50

Service: $0.60

Other: $0.75

Food Service: $0.45

Service: $0.50

Other: $0.65

Food Service: $0.40

Service: $0.45

Other: $0.60

 

December 31, 2020

 

 

 

Food Service: $0.50

Service: $0.55

Other: $0.70

Food Service: $0.45

Service: $0.50

Other: $0.65

 

December 31, 2021

 

 

Food Service: $0.50

Service: $0.60

Other: $0.75

 

What Employers Should Do Now

Now that the amendments have been adopted, employers should immediately review all categories of employees who may be affected by the new NYSDOL regulation and make any necessary changes to ensure compliance. Employers should also ensure that, where required, advance written notice is provided as soon as possible (given the lateness of the NYDOL's announcements), and that wage rate increases are reflected on employee paystubs.  Employers may also need to update relevant policies and/or provide training to reclassified employees or their managers to ensure that all employee time is accurately accounted for.  For further questions, employers are encouraged to consult with counsel.

Footnotes

1 Although there was speculation about whether   the proposed wage order would be adopted, Section 652.2 of the New York Labor Law required that the previous wage orders be modified to provide increases proportional to the increases in the minimum wage that were adopted on April 4, 2016.  In addition, on December 27, 2016, the Department of Labor posted FAQs on its website stating that the new minimum salaries were to be effective December 31, 2016.

2 Note that in contrast to federal regulations governing the exemption of professional employees under the Fair Labor Standards Act, (29 C.F.R. § 541.300), New York does not impose a minimum salary requirement for exemption of professional employees.

3 See Emma Fursland and Bruce Millman,  Proposed Amendment to New York State Wage Orders Set to Substantially Raise Salary Requirements For Exempt Employees, Littler Insight (Nov. 1, 2016).

4 In April 2016, the New York State legislature announced increases to minimum wages for non-exempt employees, effective on December 31, 2016. For more information and analysis, see Stephen Fuchs,  Minimum Wage Increases in New York: What Employers Should Know¸ Littler Insight (Apr. 18, 2016).

5 12 N.Y.C.R.R. § 142-2.2.  The Wage Order for Miscellaneous Industries does not cover employees in the Building Service or Hospitality Industries.  Therefore the possible exception discussed in this paragraph would not apply to employees in those industries.

6 See Department of Labor, Minimum Wage: FAQs (Dec. 27, 2016), available at https://labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm.

7 The FAQs are not clear whether the reference to "all worksites" includes worksites outside of New York State.  However, confirming our expectations, an unofficial spokesperson for the the NYSDOL has advised that the Department is referencing worksites nationwide, and not just those in New York State.  

8 For example, 16 part-time employees will now count as 16 employees, requiring the employer to pay the NYC "large" employer minimum wage rate.

9 See Daniel Thieme,  The DOL Overtime Salary Regulation is Temporarily Enjoined – Now What?Littler  ASAP (Nov. 28, 2016).  

10 12 N.Y.C.R.R. § 146-1.3.

11 12 N.Y.C.R.R. § 146-1.3(a).

12 For further explanation and analysis, see   Minimum Wage Increases in New York: What Employers Should Know¸ supra  note 4.

13 12 N.Y.C.R.R. § 146-1.3(b).

14 Note: No tip credit is permitted for fast food employees.

15 For further explanation and analysis, see  Proposed Amendment to New York State Wage Orders Set to Substantially Raise Salary Requirements For Exempt Employees, supra note 3. 

16 12 N.Y.C.R.R. § 146-1.7.

17 12 N.Y.C.R.R. § 146-1.9(a).

18 12 N.Y.C.R.R. § 146-1.9(b).

19 12 N.Y.C.R.R. § 146-1.9(c).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions