New York recently added a new provision to its Labour Law, requiring employers to provide every new employee with written notice of the employee's rate of pay, overtime pay (if applicable) and regular pay day before the employee begins work.

Section 195 of the Labour Law has been amended so that, as of 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 must also obtain written acknowledgment from each employee of their receipt of such notice. In addition to providing the rate of pay and the regular pay day to all employees, the written notice must include the regular hourly rate and overtime hourly rate of pay for non-exempt employees. Factsheets concerning the new law are available at the New York State Department of Labour website.(1)

The amended Section 195 also authorizes the commissioner of the New York State Department of Labour to establish requirements for the content and form of the acknowledgment. A notice and acknowledgement form (Form LS 52) for non-exempt employees is available at the Department of Labour's website.(2) 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 Labour creates a form that employers can use for exempt employees, employers should provide exempt employees with a written notice containing their rate of pay and regular pay day and obtain a written acknowledgment from each employee of their receipt of such notice.

For further information on this topic please contact Kevin B Leblang or Robert N Holtzman at Kramer Levin Naftalis & Frankel LLP by telephone (+1 212 715 9100), fax (+1 212 715 8000) or email (kleblang@kramerlevin.com or rholtzman@kramerlevin.com).

Endnotes

(1) www.labor.state.ny.us/workerprotection/laborstandards/workprot/lshmpg.shtm.

(2) www.labor.state.ny.us/workerprotection/laborstandards/PDFs/LS_52_Hourly_
Rate_Plus_Overtime.pdf
.