Bill Text: NY S02313 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 2313 (Prior Session Legislation)

Introduced

Bill Title: Eliminates an employer's annual notice requirement.

Spectrum: Moderate Partisan Bill (Republican 14-4)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO LABOR [S02313 Detail]

Download: New_York-2013-S02313-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2313
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2013
                                      ___________
       Introduced  by  Sens. DeFRANCISCO, GALLIVAN, GRISANTI, MARTINS, MAZIARZ,
         RANZENHOFER, SEWARD, YOUNG -- 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 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:
    1    Section 1.  Paragraph (a) of subdivision 1 of section 195 of the labor
    2  law, as amended by chapter 564 of the laws of 2010, is amended  to  read
    3  as follows:
    4    (a)  provide  his  or  her employees, in writing in English and in the
    5  language identified by each employee as the  primary  language  of  such
    6  employee,  at  the  time  of hiring, [and on or before February first of
    7  each subsequent year of the employee's employment with the employer,]  a
    8  notice  containing  the  following information: the rate or rates of pay
    9  and basis thereof, whether paid by the hour, shift, day,  week,  salary,
   10  piece,  commission, or other; allowances, if any, claimed as part of the
   11  minimum wage, including tip, meal, or lodging  allowances;  the  regular
   12  pay  day  designated  by  the  employer  in  accordance with section one
   13  hundred ninety-one of this article; the name of the employer; any "doing
   14  business as" names used by the employer; the  physical  address  of  the
   15  employer's  main  office  or  principal place of business, and a mailing
   16  address if different; the telephone number of the  employer;  plus  such
   17  other information as the commissioner deems material and necessary. Each
   18  time  the  employer  provides  such  notice to an employee, the employer
   19  shall obtain from the employee a signed and dated  written  acknowledge-
   20  ment, in English and in the primary language of the employee, of receipt
   21  of  this  notice, which the employer shall preserve and maintain for six
   22  years. Such acknowledgement shall include an affirmation by the employee
   23  that the employee accurately identified his or her primary  language  to
   24  the  employer,  and  that  the  notice  provided by the employer to such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05647-01-3
       S. 2313                             2
    1  employee pursuant to this subdivision was in the language so  identified
    2  or  otherwise complied with paragraph (c) of this subdivision, and shall
    3  conform to any additional requirements established by  the  commissioner
    4  with  regard  to  content and form. For all employees who are not exempt
    5  from overtime compensation as established in the commissioner's  minimum
    6  wage  orders  or otherwise provided by New York state law or regulation,
    7  the notice must state the regular hourly rate and overtime rate of pay;
    8    S 2. This act shall take effect immediately.