Effective October 26, 2009, New York State is changing its Labor Laws. Section 195(1) of the New York State Labor Law will require employers to provide WRITTEN notice to new employees of their regular and overtime rates of pay and their regular pay day. It will also require employers to obtain a WRITTEN ACKNOWLEDGEMENT from all new hires of their receipt of this notice. While prior law required notification of the hourly rate and pay day, there was no requirement that it be in writing, that it include the overtime rate of pay, or that it be acknowledged in writing. The law affects only new hires starting on October 26th - no notice is required to existing employees.

The new law states that the content and form of the employee acknowledgement must conform to Department of Labor requirements. With less than a week until the law becomes effective, the DOL website doesn't have complete guidelines posted. The law takes effect in only a few days and penalties may be imposed on employers who do not comply. Employers should immediately develop written notice and acknowledgement forms that can be used for new hires. They can alternatively incorporate these factors into their offer letters for use beginning October 26, 2009. The form and content of these documents must then be updated after the Department of Labor issues its guidelines.