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New York State Department of Labor Publishes Guidance and Additional Model Forms Regarding Notice of Pay Requirements

February 8, 2010

Last year, Governor Paterson signed legislation that amended Section 195.1 of the New York State Labor Law to require employers to provide a variety of information regarding compensation to newly hired employees.  Specifically, under this legislation, employers are required to notify new employees of their rates of pay and regular paydays, and obtain a written acknowledgment from each employee of receipt of this notice.  (see KMM Article: Recent Amendments to the New York Labor Law, http://www.kmm.com/articles-426.html).  The employer’s acknowledgment form must also conform to any requirements established by the New York State Commissioner of Labor. 

Last Fall, the New York State Department of Labor (“NYS DOL”) published a model notice tailored to non-exempt employees.  The NYS DOL also indicated that it would soon publish model notices for other categories of employees, including exempt employees (i.e., employees who are not required to be paid overtime). 

Recently, the NYS DOL published additional model notices on its website, including a model notice for exempt employees.  The NYS DOL also published guidance regarding an employer’s use of these notices, entitled Guidelines for Written Notice of Rates of Pay and Regular Payday and Instructions:  “Model Notices” of Pay Rates and Pay Days Under Section 195.1 of the NYS Labor Law.  The NYS DOL’s guidance and model forms provide, among other things, that exempt employees must be informed of the exemption under which they are exempt from overtime.  The NYS DOL’s guidance also discusses the notice and acknowledgment that employers must use with their commissioned salespersons to comply with N.Y. Labor Law Section 195.1.   

The NYS DOL’s guidance and model notices can be found, under the heading “Leaflets and Flyers,” at: http://www.labor.state.ny.us/formsdocs/wp/ellsformsandpublications.shtm

Please do not hesitate to contact any of the attorneys in our New York office for more information regarding your company’s compliance with N.Y. Labor Law Section 195.1.