§ 195. Notice and record-keeping requirements. Every employer shall:\n 1. (a) provide his or her employees, in writing in English and in the\nlanguage identified by each employee as the primary language of such\nemployee, at the time of hiring, a notice containing the following\ninformation: the rate or rates of pay and basis thereof, whether paid by\nthe hour, shift, day, week, salary, piece, commission, or other;\nallowances, if any, claimed as part of the minimum wage, including tip,\nmeal, or lodging allowances; the benefit portion of the minimum rate of\nhome care aide total compensation as defined in section thirty-six\nhundred fourteen-c of the public health law ("home care aide benefits"),\nif applicable; prevailing wage supplements, if any, claimed as part of\nany prevailing wage or similar requirement pursuant to article eight of\nthis chapter; the regular pay day designated by the employer in\naccordance with section one hundred ninety-one of this article; the name\nof the employer; any "doing business as" names used by the employer; the\nphysical address of the employer's main office or principal place of\nbusiness, and a mailing address if different; the telephone number of\nthe employer; plus such other information as the commissioner deems\nmaterial and necessary. Where such prevailing wage supplements are\nclaimed, or such home care aide benefits are provided, the notice shall\nidentify, for each type of supplement claimed or each type of home care\naide benefits provided: (i) the hourly rate claimed; (ii) the type of\nsupplement or type of home care aide benefits, including when\napplicable, but not limited to, pension or healthcare; (iii) the names\nand addresses of the person or entity providing such supplement or such\nhome care aide benefits; and (iv) the agreement, if any, requiring or\nproviding for such supplement or such home care aide benefits, together\nwith information on how copies of such agreements or summaries thereof\nmay be obtained by an employee. Each time the employer provides such\nnotice to an employee, the employer shall obtain from the employee a\nsigned and dated written acknowledgement, in English and in the primary\nlanguage of the employee, of receipt of this notice, which the employer\nshall preserve and maintain for six years. Such acknowledgement shall\ninclude an affirmation by the employee that the employee accurately\nidentified his or her primary language to the employer, and that the\nnotice provided by the employer to such employee pursuant to this\nsubdivision was in the language so identified or otherwise complied with\nparagraph (c) of this subdivision, and shall conform to any additional\nrequirements established by the commissioner with regard to content and\nform. For all employees who are not exempt from overtime compensation as\nestablished in the commissioner's minimum wage orders or otherwise\nprovided by New York state law or regulation, the notice must state the\nregular hourly rate and overtime rate of pay;\n (b) The commissioner shall prepare templates that comply with the\nrequirements of paragraph (a) of this subdivision. Each such template\nshall be dual-language, including English and one additional language.\nThe commissioner shall determine, in his or her discretion, which\nlanguages to provide in addition to English, based on the size of the\nNew York state population that speaks each language and any other factor\nthat the commissioner shall deem relevant. All such templates shall be\nmade available to employers in such manner as determined by the\ncommissioner;\n (c) When an employee identifies as his or her primary language a\nlanguage for which a template is not available from the commissioner,\nthe employer shall comply with this subdivision by providing that\nemployee an English-language notice or acknowledgment;\n (d) An employer shall not be penalized for errors or omissions in the\nnon-English portions of any notice provided by the commissi‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.