New York State’s Annual Wage Notice Requirement is Eliminated Effective Immediately
On December 29, 2014, Governor Andrew M. Cuomo signed a bill amending the New York Labor Law eliminating the need for employers to provide annual wage notices to employees between January 1 and February 1, as previously required. In the bill’s accompanying signing statement, legislative leaders and Governor Cuomo clarified that no annual notices are required for the 2015 calendar year, effectively eliminating the 60-day implementation waiting period contained in the legislation. The New York State Department of Labor confirmed that it will not require annual wage statements in 2015.
The amendments do not eliminate the requirement to provide a new wage notice for any reduction in an employee’s rate of pay. Further, the amendments do not impact the hospitality industry’s obligation to provide a new notice for any pay rate change.
Additionally, employers are still required to provide newly hired employees with written notice of wage rates including overtime rate of pay, if applicable; how the employee is paid (by the hour, shift, day, week, commission, etc.); regular payday; name of the employer and any DBAs; address and phone number of employer’s principal location; and allowances taken as part of the minimum wage. The notice must be given in English and the employee’s primary language, and the employer must have each employee sign and date the completed notice and provide a copy to each employee.
For more information on the annual wage notice requirement, please contact any of the attorneys on our Labor & Employment Practice Team.