Labor Seal NYS Department of Labor                          

Contact Leo Rosales Cell: 518-281-6167 Office: 518-457-5519 Email:
Employers Must Give New Hires Written Notice of Pay Rate and Payday
Required under new law; more information on Department of Labor's Web Site

Albany, NY (October 29, 2009) - Employers must now 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 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.

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.

Labor law requires that a regular payday must be at least weekly for manual workers, twice a month for clerical and other workers, and monthly for commissioned salespeople.

“This new law will help to avoid misunderstandings between workers and their employers over rates of pay and paydays,” said Commissioner M. Patricia Smith. “Written notice helps to prevent disputes, and also helps to resolve them when they occur.”

The employer must have a new employee sign a statement saying that the employee has received the written notice. The signed statement must be kept on file by the employer for six years.

Employers can see the new guidelines and download the required form on the Wage & Hour Law section of the Department of Labor's web site.