NY Employer Annual Pay Notice Requirement
by
Janet Attard
Here's an important reminder for NY State employers:
The New York State Wage Theft Prevention Act (Section 195.1
of the Labor Law ) was amended in April 2011 to require employers to provide a
Written Notice of Rates of Pay and Regular Payday, both to all new employees
at the time of hire and to all existing employees on or
between January 1 and February 1 each year.
2012 is the first year the annual notice to existing employees is
required
The employer is also required to get a signed
acknowledgement from each employee that they have received the notice.
The notice must be in English and also in the employee's primary language if
the primary language isn't English. Failure to comply carries a stiff fine.
Here's what needs to be on The Written Notice of Rates of
Pay and Regular Payday:
1. the employee’s rate or rates of pay
2. the overtime rate of pay, if the employee is subject to
overtime regulations
3. the basis of wage payment (per hour, per shift, per week,
piece rate, commission, etc.)
4. any allowances the employer intends to claim as part of
the minimum wage including tip, meal, and lodging allowances
5. the regular payday
6. the employer’s name and any names under which the employer
does business (DBA)
7. the physical address of the employer’s main office or
principal place of business and, if different, the employer’s mailing address
8. the employer’s telephone number
Employee Acknowledgement
The employer must have the employee sign a statement acknowledging receipt
of the written notice in English and the employee’s primary language. Employees
must also acknowledge that they have properly identified their primary language
to their employer. The employer must keep the signed and dated notice and
acknowledgement for six years and provide a copy to the employee.
Notice and Acknowledgement Templates
The NY State Department of Labor (DOL) has prepared templates for several common
types of pay agreements, including dual language versions in Chinese,
Haitian-Creole, Korean, Polish, Russian and Spanish. An employee acknowledgement
of receipt section is included in the templates prepared by the Department.
Templates are available on the
forms and publications page of the Department’s web site (scroll down to
find the version that applies to you) as well as in hard copy.
If the Department of Labor does not make a template in a
particular language available, employers may provide notice to that employee in
English only.
Additional information answers to frequently asked
questions are available on this
page on the NY State website.
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