In a recent Client Alert prepared by Jeff Landes, the firm summarized several new laws passed by the New York legislature which will affect employers. Among these laws was a very important change to the wage and hour laws, which will affect all companies with employees in New York.
Rate of Pay, Regular Pay Day and Overtime Rate Must Be in Writing and Acknowledged by New Hires
Labor Law Section 195(1) currently requires employers to provide newly hired employees with information regarding their rate of pay and the employer’s regular pay days – such notice need not be written. On July 28, 2009, however, the New York Labor Law was amended to require employers to provide all employees hired on or after October 26, 2009, with written notice of their rate of pay and the employer’s regular pay days. In addition, employees who are eligible for overtime (including non-exempt, salaried employees) must be notified of their regular hourly rate and their overtime rate of pay. Employers will be required to obtain a written acknowledgment of receipt of such notice from each new employee. The legislature has not specified the content and form of the acknowledgment, but indicated that the Commissioner of Labor may provide guidance.