§ 661 — Records of employers

§ 661. Records of employers. For all employees covered by this\narticle, every employer shall establish, maintain, and preserve for not\nless than six years contemporaneous, true, and accurate payroll records\nshowing for each week worked the hours worked, the rate or rates of pay\nand basis thereof, whether paid by the hour, shift, day, week, salary,\npiece, commission, or other basis; gross wages; deductions; allowances,\nif any, claimed as part of the minimum wage; and net wages for each\nemployee, plus such other information as the commissioner deems material\nand necessary. For all employees who are not exempt from overtime\ncompensation as established in the commissioner's minimum wage orders or\notherwise provided by New York state law or regulation, the payroll\nrecords must include the regular hourly rate or rates of pay, the\novertime rate or rates of pay, the number of regular hours worked, and\nthe 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. On\ndemand, the employer shall furnish to the commissioner or his duly\nauthorized representative a sworn statement of the hours worked, rate or\nrates of pay and basis thereof, whether paid by the hour, shift, day,\nweek, salary, piece, commission, or other basis; gross wages;\ndeductions; and allowances, if any, claimed as part of the minimum wage,\nfor each employee, plus such other information as the commissioner deems\nmaterial and necessary. Every employer shall keep such records open to\ninspection by the commissioner or his duly authorized representative at\nany reasonable time. Every employer of an employee shall keep a digest\nand summary of this article or applicable wage order, which shall be\nprepared by the commissioner, posted in a conspicuous place in his\nestablishment and shall also keep posted such additional copies of said\ndigest and summary as the commissioner prescribes. Employers shall, on\nrequest, be furnished with copies of this article and of orders, and of\ndigests and summaries thereof, without charge. Employers shall permit\nthe commissioner or his duly authorized representative to question\nwithout interference any employee of such employer in a private location\nat the place of employment and during working hours in respect to the\nwages paid to and the hours worked by such employee or other employees.\n