Eliminates an employer's annual notice requirement.
Ayes (43): Adams, Ball, Bonacic, Boyle, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gipson, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Seward, Skelos, Smith, Tkaczyk, Valesky, Young, Zeldin
Nays (20): Addabbo, Avella, Breslin, Espaillat, Gianaris, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Latimer, Montgomery, Parker, Perkins, Rivera, Savino, Serrano, Squadron, Stavisky, Stewart-Cousin
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.
STATE OF NEW YORK ________________________________________________________________________ 2313 2013-2014 Regular Sessions IN 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 suchEXPLANATION--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.