Sponsor: ONORATO
Same as: A6962
Co-sponsor(s): BRESLIN PERKINS SAVINO
Committee: LABOR
Law Section: Labor Law
S3357 Summary
Requires employers to give written notice of the rate of pay and the regular pay day upon hiring, and get written acknowledgment thereof from each employee; also requires notice of the rate of overtime pay.S3357 Actions
Mar 17, 2009 REFERRED TO LABORMar 23, 2009 1ST REPORT CAL.116
Mar 24, 2009 2ND REPORT CAL.
Mar 25, 2009 ADVANCED TO THIRD READING
Apr 27, 2009 PASSED SENATE
Apr 27, 2009 DELIVERED TO ASSEMBLY
Apr 27, 2009 referred to codes
Jun 1, 2009 substituted for a6962
Jun 1, 2009 ordered to third reading cal.672
Jun 16, 2009 passed assembly
Jun 16, 2009 returned to senate
Jul 17, 2009 DELIVERED TO GOVERNOR
Jul 28, 2009 SIGNED CHAP.270
Jul 28, 2009 APPROVAL MEMO.6
Aug 3, 2009 APPROVAL MEMO.6
"Same as" Actions for Bill A6962
Mar 18, 2009 referred to labor
Apr 7, 2009 reported referred to codes
May 27, 2009 reported
May 28, 2009 advanced to third reading cal.672
Jun 1, 2009 substituted by s3357
S3357 Votes
Vote: Floor - Apr 27, 2009
Ayes (56): ADAMS ADDABBO ALESI AUBERTINE BONACIC BRESLIN DIAZ DILAN DUANE ESPADA FARLEY FLANAGAN FOLEY FUSCHILLO GOLDEN GRIFFO HANNON HASSELL-THOMPSON HUNTLEY JOHNSON C JOHNSON O KLEIN KRUEGER KRUGER LANZA LARKIN LAVALLE LEIBELL LIBOUS LITTLE MARCELLINO MAZIARZ MCDONALD MONSERRATE MONTGOMERY MORAHAN ONORATO OPPENHEIMER PADAVAN PARKER PERKINS ROBACH SAMPSON SAVINO SCHNEIDERMAN SERRANO SEWARD SKELOS SMITH SQUADRON STACHOWSKI STAVISKY STEWART-COUSINS THOMPSON VALESKY YOUNG
Nays (6): DEFRANCISCO NOZZOLIO RANZENHOFER SALAND VOLKER WINNER
Abstains (0):
Excused (0):
S3357 Memo
BILL NUMBER: S3357 TITLE OF BILL : An act to amend the labor law, in relation to providing notice to employees of the terms and conditions of employment PURPOSE : This bill would allow workers to determine whether their paychecks properly reflect the hourly wage rates their employers agreed to at the time of hiring, including the proper overtime rate. SUMMARY OF PROVISIONS : Section 1 of the bill would amend Labor Law 195(1) to require employers to provide employees with written notice at the time of hire of their regular and overtime hourly wage rates, and to obtain a written acknowledgement of receipt of this notice. Section 2 of the bill would provide that the bill will be effective 90 days after enactment, and will apply to all employees hired on or after such date. EXISTING LAW : Currently Labor Law 195(1) requires employers to disclose to their employees at the time of hire the rate of pay and the employer's regular pay day. LEGISLATIVE HISTORY : 2008: A.10851 Passed the Assembly (132-0) S.8211 Referred to Labor STATEMENT IN SUPPORT : Currently, Labor Law 195(1) requires employers to notify employees at the time of hiring of their rate of pay and the employer's regular pay day. This bill would require employers to disclose this information in writing and include the employee's regular and overtime hourly wage rates. Many employees who are covered by New York's wage and hour laws are paid on a weekly basis, making it difficult for them to discern what the overtime rate of pay should be. This new requirement will allow both the employee and the commissioner of Labor to compute the overtime rate to which the employee is entitled. The bill also requires that the employer obtain a written acknowledgment from the employee regarding receipt of this notification. These changes will ensure that employees understand a critical feature of the employment relationship with their employers and will help to prevent confusion between an employer and employee regarding overtime pay. FISCAL IMPLICATIONS : None. EFFECTIVE DATE : This proposal would take effect 90 days after enactment and apply to all employees hired on or after such date.
S3357 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
3357
2009-2010 Regular Sessions
I N S E N A T E
March 17, 2009
___________
Introduced by Sens. ONORATO, BRESLIN, SAVINO -- (at request of the
Department of Labor) -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to providing notice to
employees of the terms and conditions of employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 195 of the labor law, as added by
2 chapter 548 of the laws of 1966, is amended to read as follows:
3 1. notify his OR HER employees, IN WRITING, at the time of hiring of
4 the rate of pay and of the regular pay day designated by the employer in
5 accordance with section one hundred ninety-one of this article, AND
6 OBTAIN A WRITTEN ACKNOWLEDGEMENT FROM EACH EMPLOYEE OF RECEIPT OF THIS
7 NOTICE. SUCH ACKNOWLEDGEMENT SHALL CONFORM TO ANY REQUIREMENTS ESTAB-
8 LISHED BY THE COMMISSIONER WITH REGARD TO CONTENT AND FORM. FOR ALL
9 EMPLOYEES WHO ARE ELIGIBLE FOR OVERTIME COMPENSATION AS ESTABLISHED IN
10 THE COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE PROVIDED BY LAW OR
11 REGULATION, THE NOTICE MUST STATE THE REGULAR HOURLY RATE AND OVERTIME
12 RATE OF PAY;
13 S 2. This act shall take effect on the ninetieth day after it shall
14 have become a law and shall apply to all employees hired on or after
15 such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09017-02-9
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