In the January and December 2011 Employment Law Insider Alerts, we informed employers about amendments to the New York State Labor Law that require employers to provide written notice to all newly hired employees of 1) rate of pay, 2) regular paydays and 3) the overtime rate of pay, if applicable. Newly hired employees also are required to sign a statement acknowledging receipt of the written notice, and the statement is to be maintained by the employer for at least six years.
As part of the Wage Theft Prevention Act, which became effective April 9, 2011, Section 195.1 of the New York State Labor Law now requires all private sector employers to provide, on or before February 1 of each year, notice of the following to all current employees:
The written notice is required between January 1 and February 1, 2013. Employers also must 1) have the employee sign a statement acknowledging receipt of the notice, in English (or the employee's primary language); 2) must keep the signed and dated notice for six years; and 3) must provide a copy to the employee.
Employers have the option of providing the notice electronically, but workers must be able to access, acknowledge and print a copy of the notice for their records on a workplace-provided computer.
Template Forms Available
The New York State Department of Labor has prepared notice and acknowledgement form templates for a variety of common types of worker classifications/pay agreements, including a number of dual-language versions (e.g., Spanish, Russian, Chinese, Korean, Polish and Creole) of the notice and acknowledgement form. These are available on the New York State Department of Labor website. We have provided links to three of the most common template forms here: 1) hourly employees; 2) salaried employees working up to 40 hours per week; and 3) salaried employees exempt from overtime.