S2313-2013 Actions

• Jan 15, 2013: REFERRED TO LABOR

S2313-2013 Memo

BILL NUMBER:S2313

TITLE OF BILL:  An act to amend the labor law, in relation to
eliminating an employer's annual notice requirement

PURPOSE:  This bill will eliminate the requirement that employers
annually provide a notice regarding pay and other information to every
employee.

SUMMARY OF PROVISIONS:

Section 1. Amends section 195 of the labor law as amended by chapter
664 of the laws of 2010 to eliminate the requirement that employers
annually provide a notice regarding pay and other information to every
employee.

Section 2. Establishes the effective date.

JUSTIFICATION:  This bill would repeal the "job theft prevention act
of 2010" requirement that each year, a written notice on wages be
provided by all private sector employers to all New York State
employees, and that a written acknowledgement of the receipt of this
notice be obtained from the employees and maintained for six years.
Failure to comply with this requirement is subject to a penalty of $50
per employee.

This mandate imposes a new administrative cost on every private sector
employer in the state, with aggregate costs in the millions of
dollars, and will do little to improve overall compliance with the
state's wage laws. The Department of Labor has conceded that wage
compliance is an issue for only a small percentage of New York State
employers, despite the universal application of this annual notice
requirement. This type of annual notification requirement should be
reserved for instances where non-conpllance has been an issue,
however, as an across the board measure, it will add costs and provide
little if any additional benefit.

Moreover, this modification to the WPTA leaves in place its most
significant reforms intended to assure payment of all wages earned by
employees.

LEGISLATIVE HISTORY: S.6063A/A.8856 of 2011-2012

FISCAL IMPLICATIONS:  Savings to employers as this legislation will
eliminate this administrative cost.

EFFECTIVE DATE:  This act shall take effect immediately.

S2313-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2313
 2013-2014 Regular Sessions
 I N  SENATE
 January 15, 2013
 
 Introduced  by  Sens. DeFRANCISCO, GALLIVAN, GRISANTI, MARTINS, MAZIARZ,
 RANZENHOFER, SEWARD, YOUNG -- 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 eliminating an  employer's
 annual notice requirement
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Paragraph (a) of subdivision 1 of section 195 of the labor
 law, as amended by chapter 564 of the laws of 2010, is amended  to  read
 as follows:

 (a)  provide  his  or  her employees, in writing in English and in the
 language identified by each employee as the  primary  language  of  such
 employee,  at  the  time  of hiring, [and on or before February first of
 each subsequent year of the employee's employment with the employer,]  a
 notice  containing  the  following information: the rate or rates of pay
 and basis thereof, whether paid by the hour, shift, day,  week,  salary,
 piece,  commission, or other; allowances, if any, claimed as part of the
 minimum wage, including tip, meal, or lodging  allowances;  the  regular
 pay  day  designated  by  the  employer  in  accordance with section one
 hundred ninety-one of this article; the name of the employer; any "doing
 business as" names used by the employer; the  physical  address  of  the
 employer's  main  office  or  principal place of business, and a mailing
 address if different; the telephone number of the  employer;  plus  such
 other information as the commissioner deems material and necessary. Each
 time  the  employer  provides  such  notice to an employee, the employer
 shall obtain from the employee a signed and dated  written  acknowledge
 ment, in English and in the primary language of the employee, of receipt
 of  this  notice, which the employer shall preserve and maintain for six
 years. Such acknowledgement shall include an affirmation by the employee
 that the employee accurately identified his or her primary  language  to
 the  employer,  and  that  the  notice  provided by the employer to such
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05647-01-3
 
       S. 2313                             2
 employee pursuant to this subdivision was in the language so  identified
 or  otherwise complied with paragraph (c) of this subdivision, and shall
 conform to any additional requirements established by  the  commissioner
 with  regard  to  content and form. For all employees who are not exempt
 from overtime compensation as established in the commissioner's  minimum
 wage  orders  or otherwise provided by New York state law or regulation,
 the notice must state the regular hourly rate and overtime rate of pay;
 

S 2. This act shall take effect immediately.

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