All employers have an obligation to know the current law to stay compliant and protect their businesses.  2012 brings a few changes that all employers need to know.  Below is a brief overview of some of the changes that may impact you and your business.  Please keep in mind that the following is meant to provide general guidance. Please call one of our Employment Law attorneys to discuss your individual situation and business. 

Beginning in 2012, all private sector employers in New York State must provide each of their employees with a written notice between January 1st and February 1st of each year containing the following information:

• The employee's rate of pay;
• The basis of the employee's rate of pay (e.g. hourly, per day, per week, per piece, salary, commission, or other);
• Whether the employer intends to claim allowances as part of the minimum wage, such as tip, meal, or lodging allowances, and the amount of those allowances;
• The employee's regular pay day designated by the employer in accordance with the frequency of pay requirements in the Labor Law;
• The name of the employer and 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.

The notice may also require "such other information as the commissioner deems material and necessary."

Employers must provide such notice in English and in the "primary language" of the employee, but only if that primary language is one of the languages in which the New York State Department of Labor has prepared such dual-language forms. Currently, the NYS DOL has prepared dual-language forms in Spanish, Chinese, Russian, Korean, Polish, and Haitian-Creole.

The law also creates a private right of action for employees to sue their employers for the failure to comply with these notice provisions, which may result in damages of up to $2,500.00 (per violation), plus costs and attorneys' fees.  

On a related note, employers who comply with this law may find it easier to respond to claims filed by their employees concerning their hours worked and/ or their rate of pay 

Please contact Vishnick McGovern Milizio for a full review of your employment practices.