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Same as: / Versions: S6063-2011 S6063A-2011

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S6063A-2011 Actions

• Feb 29, 2012: referred to labor
• Feb 29, 2012: DELIVERED TO ASSEMBLY
• Feb 29, 2012: PASSED SENATE
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.153
• Jan 5, 2012: PRINT NUMBER 6063A
• Jan 5, 2012: AMEND (T) AND RECOMMIT TO LABOR
• Jan 4, 2012: REFERRED TO LABOR

S6063A-2011 Meetings

Labor: Jan 31, 2012

S6063A-2011 Calendars

Active List: Feb 13, 2012 , Active List: Feb 29, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012

S6063A-2011 Votes

S6063A-2011 Memo

BILL NUMBER:S6063

TITLE OF BILL:

An act
to amend the labor law, in relation to notice and record keeping
requirements for employers

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
564 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-compliance 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:

New bill.

FISCAL IMPLICATIONS:

Savings to employers as this legislation will eliminate this
administrative cost.


EFFECTIVE DATE:

This act shall take effect immediately.

S6063A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6063--A
 I N  SENATE
 (PREFILED)
 January 4, 2012
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
 when printed to be committed to the Committee on  Labor  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 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
 employee  pursuant to this subdivision was in the language so identified
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13816-02-2
 
       S. 6063--A                          2
 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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