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Senate Bill S6063A

2011-2012 Legislative Session

Eliminates an employer's annual notice requirement

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-S6063 - Details

See Assembly Version of this Bill:
A8856
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §195, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2313, A2482, A8565
2015-2016: S285

2011-S6063 - Summary

Eliminates an employer's annual notice requirement.

2011-S6063 - Sponsor Memo

2011-S6063 - Bill Text download pdf 

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

                                  6063

                            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

AN ACT to amend the labor law, in relation to notice and record  keeping
  requirements for employers

  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 employ-
er  shall  obtain  from the employee a signed and dated written acknowl-
edgement, 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 or otherwise complied with paragraph (c) of this subdivision,
and shall conform to any  additional  requirements  established  by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2011-S6063A (ACTIVE) - Details

See Assembly Version of this Bill:
A8856
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §195, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2313, A2482, A8565
2015-2016: S285

2011-S6063A (ACTIVE) - Summary

Eliminates an employer's annual notice requirement.

2011-S6063A (ACTIVE) - Sponsor Memo

2011-S6063A (ACTIVE) - Bill Text download pdf 

                            
                    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

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