New York’s Wage Notice and Statement Conundrum. Employers in NY must comply with New York Labor Laws 195-1.
Contact an Employment Attorney if you did not receive your wage notice.
When you get hired, get a raise or a pay cut your employer in New York must give you a wage notice. In NY some employers fail to provide employees with a wage notice. Like this:NY Labor Law Sec 195. But fail to do so. The notice Labor Law Section 195(1) Notice and Acknowledgement of Wage Rate and Designated Payday Hourly Rate Plus Overtime is easily accessible online – but some employers do not even bother to comply with the law.
The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011. The law requires employers to give written notice of wage rates to each new hire. The notice must include: Rate or rates of pay, including overtime rate of pay among other things. NYLL 195 (1). The law mandates that the notice be in the employee’s language and must comply with the format as proscribed by the NY DOL
“General Statement Regarding Overtime Pay in New York: Almost all employees in New York must be paid overtime wages of 1½ times their regular rate of pay for all hours worked over 40 per workweek. A very limited number of specific categories of employees are covered by overtime at a lower overtime rate or not at all.” an excerpt from NY DOL form 195-1 notice.
“For each week an employee works, the payroll records must contain: − Hours worked (regular and overtime) − Rate or rates of pay (regular/overtime) − How the employee is paid – by the hour, shift, day, week, commission, etc. − Pay at the piece rate must show what rates apply and the number of pieces at each rate − Employee’s gross and net wages − Itemized deductions − Itemized allowances and credits claimed by the employer, if any (tip, meal and lodging allowances or credits)”P715NYLL(publication NYS Dept. Labor).
If your employer or job has not given you your Wage Notice consult with an a employment attorney today.