Mandatory New Hire Notification for New York Employers

Effective October 26, 2009, New York employers are required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday.  Employers must also receive a written acknowledgment of such notification. 

The Department recently posted on its website mandatory forms that must be used by employers with employees working in New York in order to comply with the requirement, as well as an explanatory notice.

The Department of Labor is now taking the position that neither a countersigned offer letter containing the required information nor a new hire document prepared by the employer and acknowledged by the employee is sufficient, even if such document contains all required information; employers must use the state mandated form.

Below are links to the forms and explanatory guidance:

Fact Sheet – Notice of Pay Rate and Payday for New Hires – P7tl5E

Form – Notice & Acknowledgment of Wage Rate and Designated Payday – I.S. 52

Please note that there are other forms on the New York State Department of Labor website for employees who are paid in a non-hourly fashion, such as a salary, commissions, etc. 

One copy of the form is to be given to the employee and the other must be retained by the employer, and should be maintained in the employee’s personnel file.

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