New York has imposed significant new notice requirements on employers with respect to new hires. Employers now must provide written notice to new employees at the time of hire stating their rate of pay, overtime rate of pay (for non-exempt employees), and the employer’s designated regular pay day. If an employee is exempt from overtime, the law requires the employer to notify the employee of the basis for exemption. The New York State Department of Labor has issued newly-revised guidelines as well as model notices for employers to use. In accordance with the new guidelines, employers must have the employee sign a statement acknowledging receipt of the written notice and the employer must keep the signed notice for six years. In order to avoid any confusion or inadvertent contractual obligations, if applicable, employers should include a statement in the acknowledgement that the employment is at-will.
The guidelines also contain additional information regarding the information an employer must provide to commissioned salespersons and farm employees.
The guidelines and model notices may be found at: http://www.labor.state.ny.us/formsdocs/wp/LS52.pdf
These new requirements are in addition to employers’ existing obligations under New York law to provide written notice (e.g., by a posting or in a handbook) regarding their policies on sick leave, vacation, personal leave, holidays and hours. This information still may be communicated separately or it may be added to the newly required notice to new hires.