Employment-NY Issues New Forms For Notifying New Hires of Rates of Pay/Overtime

Section 195.1 of New York State Labor Law requires that a New York employer must provide any employee, who is hired on or after October 26, 2009, with information as to the employee’s:
1) regular rate of pay;
2) rate of pay for overtime (if he/she is eligible for overtime); and 3) pay date.

This information must be furnished in writing before the employee starts work. Further, the employer must obtain from the employee a written acknowledgement that the employee has received this information, and must keep each acknowledgement for six years. The New York State Department of Labor has issued a form, called “Notice and Acknowledgement of Wage Rate and Designated Payday Hourly Rate Plus Overtime”, which the employer must use to provide this information and obtain the acknowldegement. The Department has also issued a form entitled “Notice of Pay Rate and Payday for New Hires”, which an employer may give to an employee to explain why the information about pay is being provided. These forms are available here.