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Employers Must Give New Hires Written Notice of Pay Rate and Payday Required Under New Law The following link(s) will open in one new tab or window. Should you have any questions regarding this article, please follow the specific contact information provided. Employers must now give newly-hired workers written notice of the rate at which they will be paid and their regular payday, under Section 195.1 of New York’s Labor Law. The notice must be provided on a form available from the New York State Department of Labor, and must be given to new employees before they do any work. The written notice must also include the employee’s overtime rate of pay, if they qualify for overtime. Most employees must receive overtime pay at one-and-a-half times their regular rate of pay for all hours they work over 40 in a given week. A very few occupations are not covered by the overtime provisions of labor law, such as farm workers and professionals. Labor law requires that a regular payday must be at least weekly for manual workers, twice a month for clerical and other workers, and monthly for commissioned salespeople. “This new law will help to avoid misunderstandings between workers and their employers over rates of pay and paydays,” said Commissioner M. Patricia Smith. “Written notice helps to prevent disputes, and also helps to resolve them when they occur.” The employer must have a new employee sign a statement saying that the employee has received the written notice. The signed statement must be kept on file by the employer for six years.
Detailed information on the new regulations is available on the wage and hours section of the Department of Labor’s
website at: More about the Department of Labor and labor laws is available on the Department of Labor’s main page at www.labor.ny.gov. Employers can also see the new guidelines and download the required form at the Department of Labor’s website.
December 2009
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August 2010 Contact Us
Phone: 1-800-395-3372 Upcoming DDPC Meetings August 2010:
8/9/10 - Chilodrens Issues Committee Meeting *Notice* Open Government and the New York State Developmental Disabilities Planning Council (DDPC). All DDPC meetings are held in Albany, NY unless otherwise noted. Under law, the New York State Developmental Disabilities Planning Council (DDPC) meetings and DDPC Standing Committee meetings are open meetings. If the public wants to attend, they can attend as observers. Participants may be asked to leave during breaks in the deliberations and when the meeting goes into executive session. If more information, please contact the DDPC directly.
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