New York State Alters Guidance to Employers Regarding New Hire Wage Notices

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As discussed in prior Alerts^* regarding last year's amendment to Section 195(1) of the New York State Labor Law, employers are now required to provide written notice of certain wage information to (and receive signed acknowledgements of receipt from) employees hired on or after October 26, 2009. (Note: The requirements of Labor Law § 195(1) do not apply to governmental agencies.)

Labor Law § 195(1) previously required covered employers to notify employees at the time of hiring of their rate of pay and the regular pay date. As amended, the law now requires that such notice be made in writing and that it include both the regular hourly rate and the overtime rate of pay for employees eligible for overtime compensation (i.e., non-exempt employees). These amendments were primarily intended to increase transparency regarding overtime rates.

Since the amendment to Labor Law § 195(1) took effect, the New York State Department of Labor ("NYSDOL") has issued a series of directives to employers. The NYSDOL has not been consistent in its approach, likely creating understandable confusion among employers in trying to comply with the law. This Alert summarizes the current status of the NYSDOL's guidelines regarding the new hire wage notices. Of particular significance is new administrative guidance requiring that employers advise any employee who an employer considers exempt from overtime of the specific exemption category applicable to the employee.

To read the rest of the Alert, please click here.

If you have any questions regarding compliance with Labor Law § 195 or related overtime compensation issues, please contact Randall Odza (716.843.3877; rodza@jaeckle.com) or Scott Horton (716.843.3949; shorton@jaeckle.com).

This Jaeckle Alert, prepared by the attorneys at Jaeckle Fleischmann & Mugel, LLP, is intended for general information purposes only and should not be considered legal advice or an opinion on specific facts. For more information on these issues, contact one of the attorneys listed above or your existing Firm contact. Prior results do not guarantee a similar outcome. The invitation to contact is not a solicitation for legal work in any jurisdiction in which the contacted attorney is not admitted to practice. Any attorney/client relationship must be confirmed in writing.