Employment-Don’t Forget: NY Employers Must Provide Wage Notice By February 1

Under section 195.1 of NYS Labor Law, a New York employer is required to provide to each employee a notice explaining his or her wages by each February 1.

The notice must be in written in English, and in the employee’s primary language.
It must contain the following information:

–the rate or rates of pay and basis thereof (such as payment by the hour, shift, day, week, salary, piece, commission, or other);

–for nonexempt employees, the regular hourly rate and overtime rate of pay;

–allowances, if any, claimed as part of the minimum wage (including tip, meal, or lodging allowances);

–the regular pay day;

–the name of the employer, and any “doing business as” names the employer uses;

— the physical address of the employer’s main office or principal place of business, and a mailing address if different; and

–the employer’s telephone number.

When the employer provides the wage notice to an employee, the employer must obtain from the employee a signed and dated written acknowledgement in English and in the employee’s primary language. The employer is required to keep this acknowledgment for six years. The acknowledgment must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the wage notice provided by the employer to such employee was in the language so identified.

The employer must provide this wage notice to each new employee at the time of hire. Also, the employer must notify each employee in writing of any change to the information provided in a wage notice, at least seven days prior to the date of such change, unless such change is reflected on the employee’s next wage statement.

Sample wage notices provided by the NYS Department of Labor may be found here.