Senate Bill S3357

                                 BILL NUMBER:  S3357

 TITLE OF BILL :

An act to amend the labor law, in relation to providing notice to
employees of the terms and conditions of employment


 PURPOSE :

This bill would allow workers to determine whether their paychecks
properly reflect the hourly wage rates their employers agreed to at
the time of hiring, including the proper overtime rate.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Labor Law § 195(1) to require
employers to provide employees with written notice at the time of hire
of their regular and overtime hourly wage rates, and to obtain a
written acknowledgement of receipt of this notice.

Section 2 of the bill would provide that the bill will be effective 90
days after enactment, and will apply to all employees hired on or
after such date.

 EXISTING LAW :
              

Currently Labor Law § 195(1) requires employers to disclose to their
employees at the time of hire the rate of pay and the employer's
regular pay day.

 LEGISLATIVE HISTORY :

2008: A.10851 Passed the Assembly (132-0)
S.8211 Referred to Labor

 STATEMENT IN SUPPORT :

Currently, Labor Law § 195(1) requires employers to notify employees
at the time of hiring of their rate of pay and the employer's regular
pay day. This bill would require employers to disclose this
information in writing and include the employee's regular and overtime
hourly wage rates. Many employees who are covered by New York's wage
and hour laws are paid on a weekly basis, making it difficult for them
to discern what the overtime rate of pay should be. This new
requirement will allow both the employee and the Commissioner of Labor
to compute the overtime rate to which the employee is entitled.  The
bill also requires that the employer obtain a written acknowledgment
from the employee regarding receipt of this notification. These
changes will ensure that employees understand a critical feature of
the employment relationship with their employers and will help to
prevent confusion between an employer and employee regarding overtime
pay.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This proposal would take effect 90 days after enactment and apply to
all employees hired on or after such date.