August 7, 2009
An amendment to New York’s Labor Law signed by Governor Paterson on July 28, 2009 and effective beginning October 26, 2009 adds even more requirements to employers’ treatment of employee pay.
The legislation amends section 195 of the New York Labor Law to require that: (1) all employers give employees written notice, at the time of hire, of their rate of pay and the employer’s regular pay day; and (2) obtain written acknowledgment, from each employee, of the receipt of this written notice. For employees who are eligible for overtime pay, the employer’s written notice must also state the employee’s regular hourly rate and overtime rate of pay.
The amendment was urged by supporters who contended that it is often difficult for employees and the Commissioner of Labor, who is tasked with implementing New York’s wage and hour laws, to compute the proper rate of overtime pay. Supporters also claimed that providing written notice of employee pay, and receiving signed acknowledgement of the notice from the employee, would help limit confusion between employees and employers over pay-related issues. Notably, however, the law does not impose its new requirements on all employers—under section 190 of the Labor Law, “governmental agencies” appear to be exempted from the new notice-and-acknowledgment requirements.
The new requirements mean that employers should (1) develop written notice and acknowledgment forms complying with the amendment’s provisions; and (2) review their hiring and orientation procedures to ensure that new hires receive the mandated notices, and sign written acknowledgements of that receipt, in a timely manner that complies with the amended law.
This Legal Alert provides a brief analysis or comments on matters related to labor and employment law and does not purport to be a substitute for advice of counsel on specific matters. The application of New York’s Labor Law and any implementing regulations will depend on the facts presented in each case. As such, counsel should be sought for specific situations.
For more information, please contact Scott Piper at 585-419-8621, or the Harris Beach Labor and Employment attorney with whom you usually consult, or call (585) 419-8800.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse and Yonkers, as well as Newark, New Jersey.
|
