labor lawAdivision of labor law center

The New York State Labor Department has reversed a policy implemented in late 2009, which would have required every New York employer to use the same wage notification form for new employees.

 

New York employers are still required to notify every new employee in writing of the employee’s:

• Hourly rate
• Overtime rate if applicable
• Payday

However, employers can use any form they already have in place, or create a new one, to provide such notification.

 

New York employers must receive written acknowledgment of this wage notification from employees. The most common way to do this is for the employee to sign a copy of the notification and return it, while keeping one copy for the employee’s records.

 

In late October 2009, the New York Department of Labor issued a mandatory form to be used by all temporary agencies. Shortly thereafter, the department posted an online notice with a mandatory form to be used by all New York employers (other than temp agencies) to comply with the wage notification requirements.

 

In an abrupt about-face, the Department of Labor has decided that although new-hire notice is still required, no particular form is necessary. An employer is permitted to use an existing new-hire wage notification form, or to customize a form for their employees, as long as it includes all the information above.

 

The agency has also promised to post sample wage notification forms for exempt and hourly employees in the near future.

 

New York is one of the few states that require written notification of wages, and written acknowledgment. Most states require an employer to inform the employee in advance of wage changes, either verbally or in writing. However, few states have requirements for written notification as stringent as New York’s.

 

 

 

Last 10 posts by Cara

• Limits on California Kin Care - March 12th, 2010
• Mandatory Sick Leave Law Gains Momentum - February 24th, 2010
• Another COBRA Premium Subsidy Extension - February 19th, 2010
• Sexual Harassment Of Teens Increases - February 12th, 2010
• South Carolina Immigration Update - January 29th, 2010
• COBRA Subsidy Extension Requires Notification - January 22nd, 2010
• COBRA Subsidy Extension in Sight - December 18th, 2009
• 2010 Florida Minimum Wage - December 4th, 2009
• 2010 Ohio Minimum Wage - November 27th, 2009
• GINA Poster Required - October 28th, 2009