As we advised in the September 2009 issue of the New Jersey eAuthority, New York employers are now required by law to give all newly hired non-exempt employees written notice of their hourly rate, overtime pay rate, and regular payday, and all newly hired exempt employees written notice of their rate of pay and their regular payday. Previously, the New York State Department of Labor (NYS DOL) issued only a single Notice and Acknowledgement form and mandated that employers provide that specific DOL-issued form to all new hourly employees. The NYS DOL subsequently changed course, advising that employers could create their own forms and still comply with the new notification law.
Recently, the NYS DOL issued and posted on its website a revised model Notice and Acknowledgement form for hourly employees, and new model Notice and Acknowledgement forms that employers can use for: exempt employees, temporary help firms, multiple hourly rate employees, employees paid a weekly rate or salary for a fixed number of hours, employees paid a salary for varying hours, day rate, piece rate, flat rate or other non-hourly pay, and prevailing rate employees.
