New York Labor and Employment Law Report
New York State Department of Labor Changes Position on Mandatory Use of Its Wage Rate Form
December 2, 2009
Without acknowledging that it is doing so, today the New York State Department of Labor ("DOL") changed its position on whether employers are required to use DOL’s form in order to comply with Section 195 of the Labor Law. Effective October 26, 2009, Section 195 requires employers to provide all new hires with notice of their wage rates, pay dates, and, if applicable, overtime rates. The statute also requires that employers obtain written acknowledgments from new employees confirming receipt of this information, which must conform to any "content and form" requirements established by DOL. Shortly after the effective date of the statute, DOL issued a problematic, highly controversial, one-size-fits-all form for providing that information, and mandated its use by employers for all classes of employees. Today, DOL reversed position by posting a notice on its website that states no particular form is required to comply with the statute and that DOL’s form is only a sample. Employers may create their own forms, use the DOL sample, or adapt the DOL sample form. The notice also states that DOL plans to come up with several different types of sample forms in the future, including a form for exempt employees.
