New York Wage Notice Change

January 1, 2015 Meira Ferziger

This week New York State Governor Andrew Cuomo signed a law affecting all employers who have employees in the State of New York. Since 2011, employers have been required to issue wage notices to New York employees at the time of hire and each year during the month of January.

Effective this week and going forward (including for 2015), New York’s requirement to send an annual wage notice to all New York employees during the month of January has been eliminated.

However, a wage notice must be sent to:

  1. all newly hired NY employees, and
  2. any employee for whom information in the original notice changes (e.g., a change in the employee’s wage rate, pay day, etc.).

For templates of the notice, see this link on the NY Department of Labor website:  http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm.

The forms for exempt and non-exempt employees in English are available here (NY Wage Notice: Non-Exempt SalariedNY Wage Notice: Non-Exempt Hourly and NY Wage Notice: Exempt). Please note that if an employee’s primary language is a language other than English, then the notice should be given in that language, if available via the Department of Labor link above.

Employers should review their files to determine whether their New York employees have been given and signed a wage notice, and should confirm that the wage notice information is accurate and up to date.  If there is an employee who has not signed such a notice, or the wage notice information for a particular employee is outdated, then the employee should be sent an up to date wage notice as soon as possible.  Note that effective February 2015, employers who fail to meet the law’s requirements may be fined $50 per day (previously $50 per week), up to a maximum of $5000 per employee (previously $2500 per employee).

Please note also that the minimum wage for NY employees has now increased to $8.75 per hour.

If you have any further questions regarding this update, please contact Meira Ferziger.

Meira Ferziger is the head of the labor and employment practice at Schwell Wimpfheimer & Associates and has significant experience in drafting policies, agreements, employee handbooks and guidelines in compliance with U.S. federal and state law. Meira functions as an integral part of the day to day operation of corporate clients by counseling them through their employment-related practices and decisions, and also advises clients as to employment issues that arise from corporate transactions, such as restructurings and acquisitions.

Meira can be reached at 646 328 0794 or mferziger@swalegal.com

This SWA publication is intended for informational purposes and should not be regarded as legal advice. For more information about the issues included in this publication, please contact Meira Ferziger. The invitation to contact is not to be construed as a solicitation for legal work. Any new attorney/client relationship will be confirmed in writing.