|
|
|
|
|
 |
 |
|
|||
|
Search:
|
Complying with NYSDOL's New Hire Wage Notices - The Saga Continues
Posted: January 28, 2010
Page Tools:
For More Information Contact:
Related Practice Areas:
Since October 26, 2009, New York employers have been required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. Shortly after the law’s effective date, the New York State Department of Labor issued a model form applicable to hourly employees and mandated that such form be used by all employers. Because the form only addressed hourly employees, the Department of Labor advised that employers could modify the form, as needed, to satisfy the statutory requirement for employees paid on a non-hourly basis. Subsequently, however, the Department of Labor advised that the form was not mandatory and employers could comply with the statute without using the form so long as the information required by the statute was provided and the employee acknowledged receipt. The Department of Labor also stated at that time that it would issue further model notices for employees paid other than on an hourly basis. See our articles, New York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form and New York State Labor Department No Longer Requiring Employers Use “Official” New Hire Wage Notice for further background information. The Department of Labor recently posted a series of model forms on its website to assist employers in complying with the statute. These model forms include a revised form for hourly employees, and new forms for exempt employees as well as non-exempt employees paid on a salary basis or using a piece rate method. See:
While the Department of Labor has not modified its position that such forms are only models, these new forms provide guidance for New York employers as to how to properly phrase different types of pay arrangements. With that said, confusion still remains as to whether the Department of Labor is compelling employers to include information other than that which is required by statute for certain types of employees, including employees an employer deems exempt from overtime. Jackson Lewis attorneys are available to provide continuing guidance as to your organization’s compliance with this statutory mandate.
|
