Effective April 9, 2011, Section 195.1 of the New York State Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed), and on or before February 1st of each year, notice of:
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 pay day;
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; and
8. the employer’s telephone number.
This notice must be provided in English and the employee’s primary language. The employer must also secure a signed statement from the employee acknowledging that they received the written notice in English and the employee’s self identified primary language. The signed acknowledgments must be retained for at least 6 years.
The New York State Department of Labor (DOL) has prepared several templates of the requisite acknowledgments and they are available to the public on the DOL’s website. Employers who use the DOL’s templates will not be penalized for errors in the templates. Further, if the DOL does not issue a notice template in the primary language of an employee, then the employer would only be required to provide the notice to that employee in English.
Exempt employees may be advised of the specific reason they are deemed exempt.
What’s Next: Many employers should be aware of this requirement. However, in the event you forgot about it, you should immediately review the requirements and develop the necessary steps to ensure compliance. Failure to do so may lead to a potential unpleasant visit from the Department of Labor.