This post was written by Cindy S. Minniti and Mark S. Goldstein.
In June, we reported on a bill passed by the New York State Legislature that proposed significant changes to the state’s labor laws. Among other things, the bill eliminated the requirement that employers furnish annual wage notices to employees between January 1 and February 1.
Finally, on December 29 – in a move sure to please employers statewide – the governor signed Assembly Bill 8106-C and, in an accompanying memorandum, clarified that no annual wage notice is required in 2015, effectively eliminating the bill’s 60-day waiting period for implementation. In light of the governor’s action, the New York State Department of Labor has included the following statement on its website:
“On December 29, 2014, Governor Andrew M. Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. According to the signing statement, legislative leaders and the Governor have agreed to a chapter amendment to make this change effective immediately. Accordingly, given the pending enactment of this chapter amendment, the Department will not require annual statements in 2015.”
The legislation does not eliminate the requirement that employers furnish a wage notice upon commencement of employment of new employees. Likewise, employers outside the hospitality industry must provide a new wage notice for any reduction in an employee’s rate of pay. For hospitality industry employers, a new notice is needed for every pay rate change, whether up or down.
Although the annual wage notice requirement is eliminated, the governor’s memorandum notes that the remainder of the bill “contains some technical and substantive problems which the Legislature has agreed to address in additional legislation.” Stay tuned for further updates concerning any such “additional legislation.”