§ 195 — Notice and record-keeping requirements

§ 195. Notice and record-keeping requirements. Every employer shall:\n 1. (a) provide his or her employees, in writing in English and in the\nlanguage identified by each employee as the primary language of such\nemployee, at the time of hiring, a notice containing the following\ninformation: the rate or rates of pay and basis thereof, whether paid by\nthe hour, shift, day, week, salary, piece, commission, or other;\nallowances, if any, claimed as part of the minimum wage, including tip,\nmeal, or lodging allowances; the benefit portion of the minimum rate of\nhome care aide total compensation as defined in section thirty-six\nhundred fourteen-c of the public health law ("home care aide benefits"),\nif applicable; prevailing wage supplements, if any, claimed as part of\nany prevailing wage or similar requirement pursuant to article eight of\nthis chapter; the regular pay day designated by the employer in\naccordance with section one hundred ninety-one of this article; the name\nof the employer; any "doing business as" names used by the employer; the\nphysical address of the employer's main office or principal place of\nbusiness, and a mailing address if different; the telephone number of\nthe employer; plus such other information as the commissioner deems\nmaterial and necessary. Where such prevailing wage supplements are\nclaimed, or such home care aide benefits are provided, the notice shall\nidentify, for each type of supplement claimed or each type of home care\naide benefits provided: (i) the hourly rate claimed; (ii) the type of\nsupplement or type of home care aide benefits, including when\napplicable, but not limited to, pension or healthcare; (iii) the names\nand addresses of the person or entity providing such supplement or such\nhome care aide benefits; and (iv) the agreement, if any, requiring or\nproviding for such supplement or such home care aide benefits, together\nwith information on how copies of such agreements or summaries thereof\nmay be obtained by an employee. Each time the employer provides such\nnotice to an employee, the employer shall obtain from the employee a\nsigned and dated written acknowledgement, in English and in the primary\nlanguage of the employee, of receipt of this notice, which the employer\nshall preserve and maintain for six years. Such acknowledgement shall\ninclude an affirmation by the employee that the employee accurately\nidentified his or her primary language to the employer, and that the\nnotice provided by the employer to such employee pursuant to this\nsubdivision was in the language so identified or otherwise complied with\nparagraph (c) of this subdivision, and shall conform to any additional\nrequirements established by the commissioner with regard to content and\nform. For all employees who are not exempt from overtime compensation as\nestablished in the commissioner's minimum wage orders or otherwise\nprovided by New York state law or regulation, the notice must state the\nregular hourly rate and overtime rate of pay;\n (b) The commissioner shall prepare templates that comply with the\nrequirements of paragraph (a) of this subdivision. Each such template\nshall be dual-language, including English and one additional language.\nThe commissioner shall determine, in his or her discretion, which\nlanguages to provide in addition to English, based on the size of the\nNew York state population that speaks each language and any other factor\nthat the commissioner shall deem relevant. All such templates shall be\nmade available to employers in such manner as determined by the\ncommissioner;\n (c) When an employee identifies as his or her primary language a\nlanguage for which a template is not available from the commissioner,\nthe employer shall comply with this subdivision by providing that\nemployee an English-language notice or acknowledgment;\n (d) An employer shall not be penalized for errors or omissions in the\nnon-English portions of any notice provided by the commissioner;\n (e) The commissioner shall have discretion to waive or alter\nrequirements of paragraph (a) of this subdivision for temporary help\nfirms as defined in section nine hundred sixteen of this chapter.\n 2. notify his or her employees in writing of any changes to the\ninformation set forth in subdivision one of this section, at least seven\ncalendar days prior to the time of such changes, unless such changes are\nreflected on the wage statement furnished in accordance with subdivision\nthree of this section;\n 3. furnish each employee with a statement with every payment of wages,\nlisting the following: the dates of work covered by that payment of\nwages; name of employee; name of employer; address and phone number of\nemployer; rate or rates of pay and basis thereof, whether paid by the\nhour, shift, day, week, salary, piece, commission, or other; gross\nwages; deductions; allowances, if any, claimed as part of the minimum\nwage; the benefit portion of the minimum rate of home care aide total\ncompensation as defined in section thirty-six hundred fourteen-c of the\npublic health law ("home care aide benefits"), if applicable; prevailing\nwage supplements, if any, claimed as part of any prevailing wage or\nsimilar requirement pursuant to article eight of this chapter; and net\nwages. Where such prevailing wage supplements are claimed, or such home\ncare aide benefits are provided, the statement shall either: (i)\nidentify the type of each supplement claimed, or the type of each home\ncare aide benefits provided, and the hourly rate for each; or (ii) be\naccompanied by a copy of the applicable notice required under\nsubdivisions one and two of this section. For all employees who are not\nexempt from overtime compensation as established in the commissioner's\nminimum wage orders or otherwise provided by New York state law or\nregulation, the statement shall include the regular hourly rate or rates\nof pay; the overtime rate or rates of pay; the number of regular hours\nworked, and the number of overtime hours worked. For all employees paid\na piece rate, the statement shall include the applicable piece rate or\nrates of pay and number of pieces completed at each piece rate. Upon the\nrequest of an employee, an employer shall furnish an explanation in\nwriting of how such wages were computed;\n 3-a. in addition, every railroad corporation shall furnish each\nemployee with a statement with every payment of wages listing accrued\ntotal earnings and taxes to date and further furnish said employee at\nthe same time with a separate listing of his daily wages and how they\nwere computed;\n 4. establish, maintain and preserve for not less than six years\ncontemporaneous, true, and accurate payroll records showing for each\nweek worked the hours worked; the rate or rates of pay and basis\nthereof, whether paid by the hour, shift, day, week, salary, piece,\ncommission, or other; gross wages; deductions; allowances, if any,\nclaimed as part of the minimum wage; amount of sick leave provided to\neach employee; the benefit portion of the minimum rate of home care aide\ntotal compensation as defined in section thirty-six hundred fourteen-c\nof the public health law ("home care aide benefits"), if applicable;\nprevailing wage supplements, if any, claimed as part of any prevailing\nwage or similar requirement pursuant to article eight of this chapter;\nand net wages for each employee. Where such prevailing wage supplements\nare claimed, or such home care aide benefits are provided, the payroll\nrecords shall include copies of all notices required by subdivisions one\nand two of this section. For all employees who are not exempt from\novertime compensation as established in the commissioner's minimum wage\norders or otherwise provided by New York state law or regulation, the\npayroll records shall include the regular hourly rate or rates of pay,\nthe overtime rate or rates of pay, the number of regular hours worked,\nand the number of overtime hours worked. For all employees paid a piece\nrate, the payroll records shall include the applicable piece rate or\nrates of pay and number of pieces completed at each piece rate;\n 5. notify his employees in writing or by publicly posting the\nemployer's policy on sick leave, vacation, personal leave, holidays and\nhours.\n 6. notify any employee terminated from employment, in writing, of the\nexact date of such termination as well as the exact date of cancellation\nof employee benefits connected with such termination. In no case shall\nnotice of such termination be provided more than five working days after\nthe date of such termination. Failure to notify an employee of\ncancellation of accident or health insurance subjects an employer to an\nadditional penalty pursuant to section two hundred seventeen of this\nchapter.\n