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August 13, 2009

Amended New York Labor Law Requires Employers to Notify Newly Hired Employees in Writing of Regular Hourly Rate and Overtime Rate

New York Labor Law § 195 regarding “Notice and record-keeping requirements” was amended on July 28, 2009. Employers were previously required to notify newly hired employees of the regular payday and rate of pay. The new amendment mandates that employers provide this notice in writing to employees hired on or after October 26, 2009. Employers must also obtain from each new hire written confirmation that the information was received.

All new hires must be informed of the regular payday and rate of pay. Additionally, non-exempt employees eligible for overtime compensation must also be notified of their regular hourly and overtime rates of pay.

Rates of pay, especially overtime pay, may sometimes be difficult to determine and the amended law is meant to make certain that employees understand this information. While New York Labor Law § 195(1) was amended, the rest of § 195 remains unchanged.

If you should have any questions regarding the notice requirements of New York Lab Law § 195, please contact us.