New York Wage and Hour Investigations laws & compensation compliance analysis

New York Wage and Hour Investigations: What you need to know

Employers in New York State are required to keep the payroll records, including the hours worked, gross wages, deductions, and net wages, for each employee for at least 3 years (NY Lab. Law Sec. 195). The Wage Theft Prevention Act expands wage notice and recordkeeping requirements for employers, increases penalties for employers that fail to pay full wages due, and expands the state’s enforcement powers. The Act requires that employees be notified in writing at the time of hiring of their rate of pay and the established payday, whether pay is by the hour, shift, day, piece, salary, commission, or other basis; any allowances, such as tips, meals, or lodging, claimed as part of the minimum wage; and the employer’s address, phone number, and any “doing business as” names, among other information. The notice provided to nonexempt employees must also include their overtime rate. Employers must obtain signed, dated acknowledgments, provided in English and in the worker’s primary language, of receipt of the notices. Any changes to the terms must be conveyed to workers in writing at least 7 calendar days in advance or included on pay stubs. Employees must be notified in advance if paydays are changed. Employees must also be notified, in writing or by a posting in a public area, of the employer's policy on sick leave, vacation, personal leave, holidays, and hours. The commissioner of the state Department of Labor (or his or her officers and employees) has the authority to enter a place of employment to inspect those records (NY Lab. Law Sec. 25). Employers must:
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• Admit the commissioner;
• Make wage-related records available for inspection and copying at all times;
• Present all information that the commissioner ...

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New York Wage and Hour Investigations Resources

Type Title
White Papers Increased Complaints, Enforcement, Warrant FLSA Changes
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