2023 New York Laws › LAB - Labor › Article 6 - Payment of Wages › 195 - Notice and Record-Keeping Requirements.

§ 195. Notice and record-keeping requirements. Every employer shall:
1.  (a) provide his or her employees, in writing in English and in the
language identified by each employee as the  primary  language  of  such
employee,  at  the  time  of  hiring,  a notice containing the following
information: the rate or rates of pay and basis thereof, whether paid by
the hour,  shift,  day,  week,  salary,  piece,  commission,  or  other;
allowances,  if any, claimed as part of the minimum wage, including tip,
meal, or lodging allowances; the benefit portion of the minimum rate  of
home  care  aide  total  compensation  as  defined in section thirty-six
hundred fourteen-c of the public health law ("home care aide benefits"),
if applicable; prevailing wage supplements, if any, claimed as  part  of
any  prevailing wage or similar requirement pursuant to article eight of
this chapter;  the  regular  pay  day  designated  by  the  employer  in
accordance with section one hundred ninety-one of this article; the name
of the employer; any "doing business as" names used by the employer; the
physical  address  of  the  employer's main office or principal place of
business, and a mailing address if different; the  telephone  number  of
the  employer;  plus  such  other  information as the commissioner deems
material and necessary.  Where  such  prevailing  wage  supplements  are
claimed,  or such home care aide benefits are provided, the notice shall
identify, for each type of supplement claimed or each type of home  care
aide  benefits  provided:  (i) the hourly rate claimed; (ii) the type of
supplement  or  type  of  home  care  aide  benefits,   including   when
applicable,  but  not limited to, pension or healthcare; (iii) the names
and addresses of the person or entity providing such supplement or  such
home  care  aide  benefits; and (iv) the agreement, if any, requiring or
providing for such supplement or such home care aide benefits,  together
with  information  on how copies of such agreements or summaries thereof
may be obtained by an employee. Each time  the  employer  provides  such
notice  to  an  employee,  the employer shall obtain from the employee a
signed and dated written acknowledgement, in English and in the  primary
language  of the employee, of receipt of this notice, which the employer
shall preserve and maintain for six years.  Such  acknowledgement  shall
include  an  affirmation  by  the  employee that the employee accurately
identified his or her primary language to the  employer,  and  that  the
notice  provided  by  the  employer  to  such  employee pursuant to this
subdivision was in the language so identified or otherwise complied with
paragraph (c) of this subdivision, and shall conform to  any  additional
requirements  established by the commissioner with regard to content and
form. For all employees who are not exempt from overtime compensation as
established in the  commissioner's  minimum  wage  orders  or  otherwise
provided  by New York state law or regulation, the notice must state the
regular hourly rate and overtime rate of pay;
(b) The commissioner shall prepare  templates  that  comply  with  the
requirements  of  paragraph  (a) of this subdivision. Each such template
shall be dual-language, including English and one  additional  language.
The  commissioner  shall  determine,  in  his  or  her discretion, which
languages to provide in addition to English, based on the  size  of  the
New York state population that speaks each language and any other factor
that  the  commissioner shall deem relevant. All such templates shall be
made available  to  employers  in  such  manner  as  determined  by  the
commissioner;
(c)  When  an  employee  identifies  as  his or her primary language a
language for which a template is not available  from  the  commissioner,
the  employer  shall  comply  with  this  subdivision  by providing that
employee an English-language notice or acknowledgment;
(d) An employer shall not be penalized for errors or omissions in  the
non-English portions of any notice provided by the commissioner;
(e)   The  commissioner  shall  have  discretion  to  waive  or  alter
requirements of paragraph (a) of this  subdivision  for  temporary  help
firms as defined in section nine hundred sixteen of this chapter.
2.  notify  his  or  her  employees  in  writing of any changes to the
information set forth in subdivision one of this section, at least seven
calendar days prior to the time of such changes, unless such changes are
reflected on the wage statement furnished in accordance with subdivision
three of this section;
3. furnish each employee with a statement with every payment of wages,
listing the following: the dates of work  covered  by  that  payment  of
wages;  name  of employee; name of employer; address and phone number of
employer; rate or rates of pay and basis thereof, whether  paid  by  the
hour,  shift,  day,  week,  salary,  piece,  commission, or other; gross
wages; deductions; allowances, if any, claimed as part  of  the  minimum
wage;  the  benefit  portion of the minimum rate of home care aide total
compensation as defined in section thirty-six hundred fourteen-c of  the
public health law ("home care aide benefits"), if applicable; prevailing
wage  supplements,  if  any,  claimed  as part of any prevailing wage or
similar requirement pursuant to article eight of this chapter;  and  net
wages.  Where such prevailing wage supplements are claimed, or such home
care aide  benefits  are  provided,  the  statement  shall  either:  (i)
identify  the  type of each supplement claimed, or the type of each home
care aide benefits provided, and the hourly rate for each;  or  (ii)  be
accompanied   by   a  copy  of  the  applicable  notice  required  under
subdivisions one and two of this section. For all employees who are  not
exempt  from  overtime compensation as established in the commissioner's
minimum wage orders or otherwise provided  by  New  York  state  law  or
regulation, the statement shall include the regular hourly rate or rates
of  pay;  the overtime rate or rates of pay; the number of regular hours
worked, and the number of overtime hours worked. For all employees  paid
a  piece  rate, the statement shall include the applicable piece rate or
rates of pay and number of pieces completed at each piece rate. Upon the
request of an employee, an employer  shall  furnish  an  explanation  in
writing of how such wages were computed;
3-a.  in  addition,  every  railroad  corporation  shall  furnish each
employee with a statement with every payment of  wages  listing  accrued
total  earnings  and  taxes to date and further furnish said employee at
the same time with a separate listing of his daily wages  and  how  they
were computed;
4.  establish,  maintain  and  preserve  for  not  less than six years
contemporaneous, true, and accurate payroll  records  showing  for  each
week  worked  the  hours  worked;  the  rate  or  rates of pay and basis
thereof, whether paid by the hour,  shift,  day,  week,  salary,  piece,
commission,  or  other;  gross  wages;  deductions;  allowances, if any,
claimed as part of the minimum wage; amount of sick  leave  provided  to
each employee; the benefit portion of the minimum rate of home care aide
total  compensation  as defined in section thirty-six hundred fourteen-c
of the public health law ("home care  aide  benefits"),  if  applicable;
prevailing  wage  supplements, if any, claimed as part of any prevailing
wage or similar requirement pursuant to article eight of  this  chapter;
and  net wages for each employee. Where such prevailing wage supplements
are claimed, or such home care aide benefits are provided,  the  payroll
records shall include copies of all notices required by subdivisions one
and  two  of  this  section.  For  all employees who are not exempt from
overtime compensation as established in the commissioner's minimum  wage
orders  or  otherwise  provided by New York state law or regulation, the
payroll records shall include the regular hourly rate or rates  of  pay,
the  overtime  rate or rates of pay, the number of regular hours worked,

and the number of overtime hours worked. For all employees paid a  piece
rate,  the  payroll  records  shall include the applicable piece rate or
rates of pay and number of pieces completed at each piece rate;
5.  notify  his  employees  in  writing  or  by  publicly  posting the
employer's policy on sick leave, vacation, personal leave, holidays  and
hours.
6.  notify any employee terminated from employment, in writing, of the
exact date of such termination as well as the exact date of cancellation
of employee benefits connected with such termination. In no  case  shall
notice of such termination be provided more than five working days after
the  date  of  such  termination.  Failure  to  notify  an  employee  of
cancellation of accident or health insurance subjects an employer to  an
additional  penalty  pursuant  to  section two hundred seventeen of this
chapter.