Labor & Employment Law

Yup: NYSDOL Flips on Requirement to Use its Form for Notice of Pay Rate and Payday for New Hires

Lovely.  Let's [NOT] thank our fine New York State Department of Labor for its communication skills! 

A few weeks ago, they managed to put everyone into a tizzy by announcing that employers had to use their own poorly written, misleading form to inform employees about their wage rate on hire.  Now, with NO fanfare, announcement or anything, they've back-peddled on the whole idea and haven't told anyone!

Here's the text from the DOL press release on 10/29: 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.

Here's the where the link from the press release takes you ( with key language I have highlighted in bold).  Language regarding the use of their notice - GONE - with no fanfare or updated announcement:

Starting on October 26, 2009, employers must 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 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.

No particular form is required.  Employers may create their own forms, or use and/or adapt a sample form available at the link below.  In the near future, sample forms for a variety of pay agreements (salaried, prevailing rate, exempt, and others) will be provided here.

Hey, I'm all about protecting employees from unscrupulous employers.  However, I am not at all a fan of issuing regulations and requirements that are not carefully thought through, misleading, poorly communicated and add additional expense for my clients to do business - particularly in this economy.

Full post as published by Strategic HR Lawyer on December 06, 2009 (boomark / email).