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Update On New York Labor Law Section 195: New York State Department of Labor Releases Official Notice Form for Employee Compensation

Employment, Benefits & Labor

The New York State Department of Labor has recently released an official form that employers must use when providing written notices to new employees concerning compensation. As a reminder, the amendment to Section 195 of the New York Labor Law requires employers to provide written notifications to employees at the time of hiring of their regular rate of pay, regular pay day, and regular hourly rate and overtime rate (if the employee is non-exempt and eligible for overtime pay). Moreover, employers must obtain written acknowledgements from employees upon their receipt of such notices. These requirements have been effective as of October 26, 2009 and apply to all employees hired on or after this date.

Since the law’s enactment, there has been much confusion amongst New York employers on how to comply with the notice requirements of the law, as no official form had been issued. The New York State Department of Labor has clarified any such confusion by mandating that all employers provide the requisite notices on its official form. A copy of the official form is now available on the New York State Department of Labor website, https://www.labor.ny.gov/home/.

If you would like further information about this New York state law or how it may impact your company, please contact a member of Blank Rome LLP’s Employment, Benefits and Labor Practice Group.