2013 New York Consolidated Laws
LAB - Labor
Article 6 - (190 - 199-A) PAYMENT OF WAGES
195 - Notice and record-keeping requirements.


NY Lab L § 195 (2012) What's This?
 
    § 195. Notice and record-keeping requirements. Every employer shall:
    1.  (a) provide his or her employees, in writing in English and in the
  language identified by each employee as the  primary  language  of  such
  employee, at the time of hiring, and on or before February first of each
  subsequent year of the employee's employment with the employer, a notice
  containing the following information: the rate or rates of pay and basis
  thereof,  whether  paid  by  the  hour, shift, day, week, salary, piece,
  commission, or other; allowances, if any, claimed as part of the minimum
  wage, including tip, meal, or lodging allowances; the  regular  pay  day
  designated  by  the  employer  in  accordance  with  section one hundred
  ninety-one of this  article;  the  name  of  the  employer;  any  "doing
  business  as"  names  used  by the employer; the physical address of the
  employer's main office or principal place of  business,  and  a  mailing
  address  if  different;  the telephone number of the employer; plus such
  other information as the commissioner deems material and necessary. Each
  time the employer provides such notice  to  an  employee,  the  employer
  shall   obtain   from   the   employee   a   signed  and  dated  written
  acknowledgement, in English and in the primary language of the employee,
  of receipt of  this  notice,  which  the  employer  shall  preserve  and
  maintain   for   six   years.  Such  acknowledgement  shall  include  an
  affirmation by the employee that the employee accurately identified  his
  or her primary language to the employer, and that the notice provided by
  the  employer  to  such employee pursuant to this subdivision was in the
  language so identified or otherwise complied with paragraph (c) of  this
  subdivision,   and   shall   conform   to  any  additional  requirements
  established by the commissioner with regard to content and form. For all
  employees who are not exempt from overtime compensation  as  established
  in  the  commissioner's minimum wage orders or otherwise provided by New
  York state law or regulation, the notice must state the  regular  hourly
  rate and overtime rate of pay;
    (b)  The  commissioner  shall  prepare  templates that comply with the
  requirements of paragraph (a) of this subdivision.  Each  such  template
  shall  be  dual-language, including English and one additional language.
  The commissioner shall  determine,  in  his  or  her  discretion,  which
  languages  to  provide  in addition to English, based on the size of the
  New York state population that speaks each language and any other factor
  that the commissioner shall deem relevant. All such templates  shall  be
  made  available  to  employers  in  such  manner  as  determined  by the
  commissioner;
    (c) When an employee identifies as  his  or  her  primary  language  a
  language  for  which  a template is not available from the commissioner,
  the employer shall  comply  with  this  subdivision  by  providing  that
  employee an English-language notice or acknowledgment;
    (d)  An employer shall not be penalized for errors or omissions in the
  non-English portions of any notice provided by the commissioner;
    (e)  The  commissioner  shall  have  discretion  to  waive  or   alter
  requirements  of  paragraph  (a)  of this subdivision for temporary help
  firms as defined in section nine hundred sixteen of this chapter.
    2. notify his or her employees  in  writing  of  any  changes  to  the
  information set forth in subdivision one of this section, at least seven
  calendar days prior to the time of such changes, unless such changes are
  reflected on the wage statement furnished in accordance with subdivision
  three of this section;
    3. furnish each employee with a statement with every payment of wages,
  listing  the  following:  the  dates  of work covered by that payment of
  wages; name of employee; name of employer; address and phone  number  of
  employer;  rate  or  rates of pay and basis thereof, whether paid by the
  hour, shift, day, week,  salary,  piece,  commission,  or  other;  gross

  wages;  deductions;  allowances,  if any, claimed as part of the minimum
  wage; and net wages. For all employees who are not exempt from  overtime
  compensation as established in the commissioner's minimum wage orders or
  otherwise  provided  by  New York state law or regulation, the statement
  shall include the regular hourly rate or rates of pay; the overtime rate
  or rates of pay; the number of regular hours worked, and the  number  of
  overtime  hours  worked.  For  all  employees  paid  a  piece  rate, the
  statement shall include the applicable piece rate or rates  of  pay  and
  number  of  pieces  completed at each piece rate. Upon the request of an
  employee, an employer shall furnish an explanation  in  writing  of  how
  such wages were computed;
    3-a.  in  addition,  every  railroad  corporation  shall  furnish each
  employee with a statement with every payment of  wages  listing  accrued
  total  earnings  and  taxes to date and further furnish said employee at
  the same time with a separate listing of his daily wages  and  how  they
  were computed;
    4.  establish,  maintain  and  preserve  for  not  less than six years
  contemporaneous, true, and accurate payroll  records  showing  for  each
  week  worked  the  hours  worked;  the  rate  or  rates of pay and basis
  thereof, whether paid by the hour,  shift,  day,  week,  salary,  piece,
  commission,  or  other;  gross  wages;  deductions;  allowances, if any,
  claimed as part of the minimum wage; and net wages  for  each  employee.
  For  all  employees  who  are  not  exempt from overtime compensation as
  established in the  commissioner's  minimum  wage  orders  or  otherwise
  provided  by New York state law or regulation, the payroll records shall
  include the regular hourly rate or rates of pay, the  overtime  rate  or
  rates  of  pay,  the  number  of regular hours worked, and the number of
  overtime hours worked. For all employees paid a piece rate, the  payroll
  records  shall  include  the  applicable  piece rate or rates of pay and
  number of pieces completed at each piece rate;
    5. notify  his  employees  in  writing  or  by  publicly  posting  the
  employer's  policy on sick leave, vacation, personal leave, holidays and
  hours.
    6. notify any employee terminated from employment, in writing, of  the
  exact date of such termination as well as the exact date of cancellation
  of  employee  benefits connected with such termination. In no case shall
  notice of such termination be provided more than five working days after
  the  date  of  such  termination.  Failure  to  notify  an  employee  of
  cancellation  of accident or health insurance subjects an employer to an
  additional penalty pursuant to section two  hundred  seventeen  of  this
  chapter.

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