NYS New Hire Acknowledgement Form Now Voluntary

December 2009

In prior Employment Law Alerts, we informed you that the New York State Department of Labor (NYS DOL) issued a new hire notice and acknowledgement form that must be used by all employers. The NYS DOL has now made the use of such form voluntary. As stated on the NYS DOL's website: "No particular form is required. Employers may create their own forms, or use and/or adapt a sample form available [on the NYS DOL website]. In the near future, sample forms for a variety of pay agreements (salaried, prevailing rate, exempt and others) will be provided [on the NYS DOL website]."

Employers, of course, must still comply with amended Section 195 of the New York State Labor Law, which requires employers (i) to notify employees of their rate of pay and the regular pay day in writing at the time of hiring and also obtain a written acknowledgment from each employee of their receipt of such notice and (ii) for non-exempt employees (i.e. employees who are eligible under federal and/or state wage and hour laws to receive overtime pay), to include the regular hourly rate and overtime rate of pay in such written notice. As such, in lieu of using the NYS DOL's form notice and acknowledgement, we recommend that employers revise their offer letter and employment agreement templates to include the information required by amended Section 195.

If you have any questions regarding the new hire requirements, please do not hesitate to contact me.

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