In our September 2009 Employment Law Alert, we informed you that Section 195 of the New York Labor Law had been amended so that, effective October 26, 2009, employers must notify employees of their rate of pay and the regular pay day in writing at the time of hiring and also obtain a written acknowledgement from each employee of their receipt of such notice. In addition to providing the rate of pay and regular pay day to all employees, the written notice must include the regular hourly rate and overtime rate of pay for non-exempt employees (i.e. employees who are eligible under federal and/or state wage and hour laws to receive overtime pay). The amendment to Section 195 also authorized the Commissioner of the New York State Department of Labor to establish requirements for the content and form of the above-described acknowledgement.
On October 28, 2009, the New York State Department of Labor (DOL) issued an acknowledgement form (which is available here) that must be used by employers. Employers must provide this form to new employees before they do any work. The DOL also issued fact sheets for employers and employees (which are available here). Although not stated on the DOL's website, the DOL intends this acknowledgement form to be used only for non-exempt employees. The DOL is preparing a separate acknowledgement form for exempt employees (which should be available on the DOL's website in the next few days), as well as other acknowledgement forms to address commission-based employees, among others. The DOL already issued a separate acknowledgement form (and guidelines) to be used by temporary employment agencies. With respect to newly-hired employees going forward, employers should consider using these acknowledgement forms to document any changes in their pay rates, particularly if their pay rates are decreased in the future.