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New York Department of Labor Changes Course, Permits Employers to Devise Forms to Comply With New Notice and Acknowledgement of Pay Information Requirement
December 2, 2009
Employment Law Alert
Author(s): Joseph A. Carello, Tara E. Daub

The New York Department of Labor has changed its position and will no longer require employers to use its standardized form to notify newly hired employees of pay information. While employers must continue to comply with Labor Law Section 195’s notice and acknowledgment requirements, employers may now create their own forms, or use and/or adapt the standardized form available on the Department’s website.

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As discussed in our previous Employment Law Alert (October 30, 2009; see link below), New York Labor Law Section 195 was recently amended, requiring employers to notify employees hired after October 26, 2009, in writing, of their rate of pay, overtime rate for nonexempt employees, and regular pay date. The New York Department of Labor had previously taken the position that use of a standardized form was mandatory. Without explanation, the Department of Labor reversed course today on its recent mandate.

The Department of Labor’s website now states that no particular form is required, and that employers may create their own forms, or use and/or adapt a sample form available on the Department’s website, which can be accessed at: http://www.labor.state.ny.us/
workerprotection/laborstandards/workprot/lshmpg.shtm
.

The Department of Labor also indicated that sample forms for a variety of pay agreements (salaried, prevailing rate, exempt, and others) will be provided on their website in the near future. We will keep you informed of further updates on this important issue.


The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.