New legislation, effective
October 26, 2009, requires New York employers to notify all new hires, in writing, of their rate of pay and payday. For employees eligible for overtime, the notice must detail those employees’ hourly and overtime pay rates. This information must be provided to employees before they begin working.
The Department of Labor has issued a mandatory form that will put employers in compliance with these new requirements. To download a copy of this form, please
click here. This form must be signed by the employer and employee, and kept by the employer for six years. As drafted, the form is tailored for non-exempt employees. The Department may issue a new form for exempt and commissioned employees at a later date. Until that time, employers should modify the attached form for those employees as necessary. For example, for exempt employees, employers should cross out all references to overtime pay, and can change the rate of pay from “per hour” to “per year.”
Questions or Assistance? If you have any questions about this new legislation, please contact
Eric Lubochinski at 203-324-8154 or
elubochinski@goodwin.com or
Robin G. Frederick at 203-324-8114 or
rfrederick@goodwin.com.