New York recently added a new provision to its Labor Law, requiring employers to provide each new employee written notice of the employee’s rate of pay, overtime pay (if applicable) and regular payday before the employee begins work.
Section 195 of the Labor Law was 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 acknowledgment 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 also must include the regular hourly rate and overtime hourly rate of pay for non-exempt employees. Fact sheets concerning the new law are available at the New York State Department of Labor website: http://www.labor.state.ny.us/workerprotection/ laborstandards/workprot/lshmpg.shtm.
The amended Section 195 also authorizes the Commissioner of the New York State Department of Labor to establish requirements for the content and form of the abovedescribed acknowledgment. A notice and acknowledgement form (Form LS 52) for non-exempt employees is available at the Department of Labor’s website at http://www.labor. state.ny.us/workerprotection/laborstandards/PDFs/LS_52_ Hourly_Rate_Plus_Overtime.pdf. As indicated at the bottom of the form, a duplicate signed copy of the form must be provided to the employee and the original must be kept by the employer.
Until such time as the New York State Department of Labor creates a form that employers can use for exempt employees, employers should provide exempt employees with a writing containing their rate of pay and regular pay day and obtain a written acknowledgment from each employee of their receipt of such notice.