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This entry was published on 2014-09-22
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SECTION 661
Records of employers
Labor (LAB) CHAPTER 31, ARTICLE 19
§ 661. Records of employers. For all employees covered by this
article, every employer shall establish, maintain, and preserve for not
less than six years contemporaneous, true, and accurate payroll records
showing for each week worked the hours worked, the rate or rates of pay
and basis thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other basis; gross wages; deductions; allowances,
if any, claimed as part of the minimum wage; and net wages for each
employee, plus such other information as the commissioner deems material
and necessary. 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 payroll
records must include the regular hourly rate or rates of pay, the
overtime rate or rates of pay, the number of regular hours worked, and
the number of overtime hours worked. For all employees paid a piece
rate, the payroll records shall include the applicable piece rate or
rates of pay and number of pieces completed at each piece rate. On
demand, the employer shall furnish to the commissioner or his duly
authorized representative a sworn statement of the hours worked, rate or
rates of pay and basis thereof, whether paid by the hour, shift, day,
week, salary, piece, commission, or other basis; gross wages;
deductions; and allowances, if any, claimed as part of the minimum wage,
for each employee, plus such other information as the commissioner deems
material and necessary. Every employer shall keep such records open to
inspection by the commissioner or his duly authorized representative at
any reasonable time. Every employer of an employee shall keep a digest
and summary of this article or applicable wage order, which shall be
prepared by the commissioner, posted in a conspicuous place in his
establishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or his duly authorized representative to question
without interference any employee of such employer in a private location
at the place of employment and during working hours in respect to the
wages paid to and the hours worked by such employee or other employees.