senate Bill S6063A

Eliminates an employer's annual notice requirement

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 05 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO LABOR
  • 05 / Jan / 2012
    • PRINT NUMBER 6063A
  • 31 / Jan / 2012
    • 1ST REPORT CAL.153
  • 06 / Feb / 2012
    • 2ND REPORT CAL.
  • 07 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • PASSED SENATE
  • 29 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 29 / Feb / 2012
    • REFERRED TO LABOR

Summary

Eliminates an employer's annual notice requirement.

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Bill Details

See Assembly Version of this Bill:
A8856
Versions:
S6063
S6063A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง195, Lab L

Sponsor Memo

BILL NUMBER:S6063A

TITLE OF BILL:
An act
to amend the
labor law, in relation to eliminating an employer's annual notice
requirement

PURPOSE:
This bill will eliminate the requirement that employers annually
provide a notice regarding pay and other information to every employee.

SUMMARY OF PROVISIONS:
Section 1. Amends section 195 of the labor law as amended by chapter
564 of the laws of 2010 to eliminate the requirement that employers
annually provide a notice regarding pay and other information to
every employee.

Section 2. Establishes the effective date.

JUSTIFICATION:
This bill would repeal the "job theft prevention act of 2010"
requirement that each year, a written notice on wages be provided by
all private sector employers to all New York State employees, and
that a written acknowledgement of the receipt of this notice be
obtained from the employees and maintained for six years. Failure to
comply with this requirement is subject to a penalty of $50 per
employee.

This mandate imposes a new administrative cost on every private sector
employer in the state, with aggregate costs in the millions of
dollars, and will do little to improve overall compliance with the
state's wage laws. The Department of Labor has conceded that wage
compliance is an issue for only a small percentage of New York State
employers, despite the universal application of this annual notice
requirement. This type of annual notification requirement should be
reserved for instances where non-compliance has been an issue,
however, as an across the board measure, it will add costs and
provide little if any additional benefit.

Moreover, this modification to the WPTA leaves in place its most
significant reforms intended to assure payment of all wages earned by
employees.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Savings to employers as this legislation will eliminate this
adminstrative cost.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6063--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the labor law, in relation to eliminating an employer's
  annual notice requirement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (a) of subdivision 1 of section 195 of the labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring, [and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer,] a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; 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; plus such
other information as the commissioner deems material and necessary. Each
time the employer provides such notice  to  an  employee,  the  employer
shall  obtain  from the employee a signed and dated written acknowledge-
ment, in English and in the primary language of the employee, of receipt
of this notice, which the employer shall preserve and maintain  for  six
years. Such acknowledgement shall include an affirmation by the employee
that  the  employee accurately identified his or her primary language to
the employer, and that the notice  provided  by  the  employer  to  such
employee  pursuant to this subdivision was in the language so identified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13816-02-2

S. 6063--A                          2

or otherwise complied with paragraph (c) of this subdivision, and  shall
conform  to  any additional requirements established by the commissioner
with regard to content and form. For all employees who  are  not  exempt
from  overtime compensation as established in the commissioner's minimum
wage orders or otherwise provided by New York state law  or  regulation,
the notice must state the regular hourly rate and overtime rate of pay;
  S 2. This act shall take effect immediately.

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