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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05647-01-3
              

S. 2313                             2

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  commissioner
with  regard  to  content and form. 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 notice must state the regular hourly rate and overtime rate of pay;
  S 2. This act shall take effect immediately.