N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 146-2.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 146-2.2 - Written notice of pay rates, tip credit and pay day

(a) Prior to the start of employment, an employer shall give each employee written notice of the employee's regular hourly pay rate, overtime hourly pay rate, the amount of tip credit, if any, to be taken from the basic minimum hourly rate, and the regular payday. The notice shall also state that extra pay is required if tips are insufficient to bring the employee up to the basic minimum hourly rate. The employer must provide notice in:

(1) English; and

(2) any other language spoken by the new employee as his/her primary language, so long as the commissioner has made such notice available to employers in such language on the department's website.

(b) Such notice shall also be required prior to any change in the employee's hourly rates of pay.

(c) An acknowledgment of receipt signed by the employee shall be kept on file for six years.

(d) The employer has the burden of proving compliance with the notification provisions of this section. As an example, the employer will have met this burden by providing the employee with the following notice, filled out and subject to revisions in the minimum rates, subject to the language requirements set forth in subdivision (a) of this section, and the employee signs a statement acknowledging that he or she received the notice.

Notice of Pay Rates and Pay Day

Company name and address ________________________________________________________

Preparer's name and title ________________________________________________________

Employee's name and address ________________________________________________________

Your regular rate of pay will be $____ per hour for the first 40 hours in a week.

Your overtime rate of pay will be $____ per hour for hours over 40.

Your designated pay day will be: ________________________________________________________

FOR TIPPED EMPLOYEES ONLY:

The tip credit taken will be $_____ per hour.

If you do not receive enough tips over the course of a week to bring you up to the minimum hourly rates of $____ per hour for the first 40 hours and $____ per hour for hours over 40, you will be paid additional wages that week to make up the difference.

FOR SERVICE EMPLOYEES IN RESORT HOTELS ONLY (if different from rates given above): If your weekly average of tips received is at least $____ per hour, your regular rate of pay will be $____ per hour and your overtime rate of pay will be $____ per hour. The tip credit taken will be $____ per hour.

Preparer's signature and date ________________________________________________________

I have been notified of my pay rate, overtime rate, tip credit if applicable, and designated pay day on the date given below.

Employee's signature and date ________________________________________________________

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 146-2.2

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/31/2016