Pursuant to Section 195 of the New York Labor Law, employers in New York State must notify employees, at the time of hiring, of their rates of pay and the regular pay days designated by such employers. Section 195 also requires employers to: notify their employees in advance of changes in the pay days; provide employees with pay statements listing their gross wages, deductions and net wages and upon request also explain how they computed such wages; establish, maintain and preserve for not less than three years payroll records showing the hours worked, gross wages, deductions and net wages for their employees; notify employees in writing or by publicly posting their policies on sick leave, vacation, personal leave, holidays and hours and, within five business days after termination, notify employees terminated from employment, in writing, of the date of their termination and the date that their employee benefits will be cancelled in connection with their termination.
Section 195 has 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 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 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 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 above-described acknowledgment—no such requirements have been established as of yet. Employers should revise their offer letter and employment agreement templates to include the information that will be required by the amended Section 195.
A copy of the amended law is available here. If you need any additional information regarding any federal, state or local employee notice requirements, please do not hesitate to contact us.*
Reminder: Employers Must File 2009 EEO-1 Reports on or Before September 30, 2009
As a general matter, employers who have 100 or more employees in the United States (and employers who have fewer than 100 employees in the United States but are owned by or affiliated with another company so that the group of companies has 100 or more employees in the United States) must file the annual Employer Information Report EEO-1. Federal contractors with as few as 50 employees and federal contracts of at least US$50,000 also must file the EEO-1 Report. The EEO-1 Report is a government form filed with the US Equal Employment Opportunity Commission's EEO-1 Joint Reporting Committee to provide the federal government with information regarding the number of employees by ethnicity/race, gender and job category. Please note that the EEO-1 Joint Reporting Committee takes the position that the ultimate US parent corporation must file the EEO-1 Report on behalf of itself and all of its subsidiary holdings–the instructions for the EEO-1 Report define "parent corporation" as "any corporation which owns all or the majority stock of another corporation so that the latter relates to it as a subsidiary." The deadline for filing the 2009 EEO-1 Report is September 30, 2009. If we can assist you with the filing of the 2009 EEO-1 Report, please do not hesitate to contact us.
* As a reminder, the New York Labor Law was previously amended to require employers to set forth certain terms of employment for "commissioned salespersons" in written agreements signed by the employers and the commissioned salespersons.