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The NY Notice and Acknowledgement of Pay Rate form plays a crucial role in ensuring transparency between employers and employees regarding compensation. This form is required under Section 195.1 of the New York State Labor Law and must be provided to hourly rate employees at the time of hiring or before any changes in pay rate, allowances, or payday. It includes essential information such as the employer's name, address, and contact details, as well as the employee's hourly pay rate and any allowances they may receive, such as tips or meals. Additionally, the form specifies the regular payday and pay cycle, whether it is weekly, bi-weekly, or another schedule. It also outlines the overtime pay rate, which must meet specific legal standards. Employees are required to acknowledge receipt of this information, confirming their understanding of their pay rate, overtime eligibility, and designated payday. The form must be signed by both the employee and the employer, with the employee receiving a copy for their records. Employers are obligated to retain the original form for six years. It is important to note that the law prohibits unequal pay for equal work based on gender and protects employees' rights to discuss their wages with coworkers.

Similar forms

  • Employee Handbook: Similar to the NY Notice and Acknowledgement of Pay Rate form, an employee handbook outlines pay rates, work schedules, and company policies. Both documents serve to inform employees about their rights and obligations within the workplace.
  • W-2 Form: The W-2 form provides information about an employee’s earnings and tax withholdings for the year. Like the NY Notice and Acknowledgement of Pay Rate form, it ensures that employees understand their compensation and tax responsibilities.
  • Pay Stub: A pay stub details an employee's earnings for a specific pay period, including deductions and net pay. It shares the goal of transparency with the NY Notice and Acknowledgement of Pay Rate form by informing employees about their pay structure.
  • Employment Contract: An employment contract outlines the terms of employment, including salary and benefits. Both documents serve as formal agreements that clarify the financial aspects of the employment relationship.
  • State Labor Law Poster: This poster provides information about employee rights under state labor laws, including pay rates and overtime rules. Like the NY Notice and Acknowledgement of Pay Rate form, it aims to ensure that employees are aware of their rights and protections in the workplace.

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Notice and Acknowledgement of Pay Rate and Payday/工资与发薪日通知与确认书

Under Section 195.1 of the New York State Labor Law/根据纽约州劳动法 (Labor Law) 第 195.1 条

Notice for Hourly Rate Employees/时薪员工通知

1. Employer Information/雇主信息

Name/名称:

Doing Business As (DBA) Name(s)/经营 (DBA) 名称:

FEIN (optional)/FEIN(选填):

Physical Address/实际地址:

Mailing Address/邮寄地址:

Phone/电话:

2.Notice given/通知时间:

At hiring/聘用时

Before a change in pay rate(s), allowances claimed or payday/工资、补助或发薪日变化之前

3. Employee’s rate of pay/员工工资:

$per hour/每小时

4.Allowances taken/补助:

None/无

 

 

 

 

Tips/小费

 

per hour/每小时

Meals/伙食

 

 

per meal/每餐

Lodging/住宿

 

 

 

 

 

Other/其他

 

 

 

 

 

5.Regular payday/固定发薪日

6.Pay is/发薪周期:

Weekly/每周

Bi-weekly/两周

Other/其他

7. Overtime Pay Rate/加班费:

$per hour (This must be at least 1½ times the worker’s regular rate with few exceptions.)/每小时 (必须至少为工人正常工资的 1.5 倍,少数例外。)

8. Employee Acknowledgement/员工确认:

On this day I have been notified of my pay rate, overtime rate (if eligible), allowances, and designated pay day on the date given below. I told my employer what my primary language is./本人于下方日期收到关于工资、加班 费(如有资格)、补助和指定发薪日的通知。本人已告诉 雇主本人的主要语言是什么。

Check one/请勾选一项:

I have been given this pay notice in English because it is my primary language./本人已收到此英语薪资通知, 因为英语是本人的主要语言。

My primary language is/本人的主要语言是 。

I have been given this pay notice in English only, because the Department of Labor does not yet offer a pay notice form in my primary language./本人已收到此全 为英语的薪资通知,因为劳工署 (Department of Labor) 尚 未提供采用本人主要语言的薪资通知表。

Print Employee Name/正楷书写员工姓名

Employee Signature/员工签名

Date/日期

Preparer’s Name and Title/制表人姓名和职务

The employee must receive a signed copy of this form. The employer must keep the original for

6years./员工必须收到该表格的签名副本。雇主必须将原 件保存 6 年。

Please note: It is unlawful for an employee to be

paid less than an employee of the opposite sex for equal work. Employers also may not prohibit employees from discussing wages with their co-workers./请注意:异性员 工同工不同酬是违法行为。雇主也不得禁止员工与同事讨 论工资。

LS 54C (01/17)

Common mistakes

Filling out the New York Notice and Acknowledgement of Pay Rate form is an important task for both employers and employees. However, mistakes can easily occur. Here are seven common errors that people make when completing this form.

One frequent mistake is failing to provide complete employer information. This section requires the employer's name, doing business as (DBA) name, and contact details. Incomplete information can lead to confusion and delays in processing. Always double-check that all fields are filled out accurately.

Another common error involves the employee’s rate of pay. Some individuals mistakenly leave this section blank or miscalculate the hourly rate. It’s crucial to ensure that the pay rate reflects the actual amount agreed upon, as this will directly impact the employee's earnings.

Many people also overlook the section regarding allowances taken. This part must accurately reflect any tips, meals, or lodging allowances. If these are not reported correctly, it could lead to misunderstandings about total compensation. Employees should review their pay structure carefully to avoid discrepancies.

Additionally, not specifying the regular payday is a common oversight. This information is vital for employees to know when they can expect their wages. Employers must ensure that this section is filled out clearly to avoid any potential confusion regarding payment schedules.

Another mistake involves the overtime pay rate. Employees sometimes fail to indicate this rate or do not understand the requirement that it must be at least 1½ times their regular pay. Employers should clarify this point to ensure compliance with labor laws.

Moreover, some individuals neglect to acknowledge receipt of the pay notice. This section is essential for confirming that the employee has received and understood the information provided. Employees should sign and date the form to validate their acknowledgment.

Finally, forgetting to provide a signed copy to the employee is a critical mistake. The employee must receive a signed version of the form for their records. Employers should keep the original on file for six years, as required by law. Ensuring that both parties have the necessary documentation helps maintain transparency and accountability.

By avoiding these common mistakes, both employers and employees can ensure that the Notice and Acknowledgement of Pay Rate form is filled out correctly, fostering a clearer understanding of pay structures and rights.

More About Ny Notice And Acknowledgement Of Pay Rate

  1. What is the purpose of the NY Notice and Acknowledgement of Pay Rate form?

    This form serves to inform employees about their pay rate, overtime rate, allowances, and designated payday. It is a requirement under New York State Labor Law to ensure transparency and understanding regarding compensation.

  2. Who is required to provide this form?

    Employers in New York State must provide this notice to all employees at the time of hiring or before any changes in pay rate, allowances, or payday. This ensures that employees are always aware of their compensation details.

  3. What information must be included in the form?

    The form must include the employer's name and address, the employee's pay rate, any allowances taken, the regular payday, and the overtime pay rate. It also requires the employee's acknowledgment of this information.

  4. What should an employee do if they do not understand the form?

    If an employee does not understand the form, they should communicate this to their employer. The employer is required to provide the notice in a language the employee understands, if possible. Seeking clarification is important to ensure that all details are fully understood.

  5. How long must employers keep the original form?

    Employers are required to keep the original signed form for a minimum of six years. This is crucial for record-keeping and compliance with labor laws.

  6. Can an employee be paid less than someone of the opposite sex for equal work?

    No, it is unlawful for an employee to be paid less than an employee of the opposite sex for equal work. This is an important aspect of labor law aimed at promoting fairness and equality in the workplace.

  7. What if the employee's primary language is not English?

    If an employee's primary language is not English, they should indicate this on the form. Employers are encouraged to provide the notice in the employee's primary language if available, ensuring that all employees can fully understand their pay information.

  8. Is it legal for employers to prohibit discussions about wages among employees?

    No, employers cannot prohibit employees from discussing wages with their coworkers. Open discussions about pay are protected under labor laws, promoting transparency and fairness in the workplace.

Misconceptions

Understanding the New York Notice and Acknowledgement of Pay Rate form can be challenging. Here are some common misconceptions that people may have about this important document:

  1. It is optional for employers to provide this notice. Many believe that the notice is merely a suggestion. However, under New York State Labor Law, employers are required to provide this notice to employees at the time of hiring and whenever there is a change in pay rate or payday.
  2. Employees do not need to acknowledge receipt of the notice. Some think that simply providing the notice is enough. In reality, employees must sign the form to acknowledge that they have received and understood the information regarding their pay rate and payday.
  3. The form only applies to hourly employees. While the form is primarily designed for hourly rate employees, it is also applicable to salaried employees when there are changes in their pay structure. All employees should be informed of their pay details.
  4. Employers can keep the notice indefinitely. There is a misconception that employers can store the notice for as long as they wish. In fact, employers are required to retain the original notice for a minimum of six years, ensuring that they comply with labor laws.

Being informed about these misconceptions can help both employers and employees understand their rights and responsibilities regarding pay information. It’s crucial to stay informed and ensure compliance with labor laws.

Key takeaways

The New York Notice and Acknowledgement of Pay Rate form is essential for both employers and employees. Here are key takeaways regarding its use and completion:

  • Employer Information: Employers must provide their name, DBA name, FEIN (optional), physical address, mailing address, and phone number.
  • Notice Timing: The notice must be given at the time of hiring or before any changes to pay rates, allowances, or paydays.
  • Employee Pay Rate: Clearly state the employee’s hourly pay rate on the form.
  • Allowances: If applicable, indicate any allowances such as tips, meals, or lodging. If none, state "None."
  • Regular Payday: Specify the regular payday for the employee.
  • Pay Period: Indicate whether pay is issued weekly, bi-weekly, or on another schedule.
  • Overtime Pay Rate: Include the overtime pay rate, which must be at least 1.5 times the regular rate, barring a few exceptions.
  • Employee Acknowledgment: Employees must acknowledge receipt of the pay rate information, including their primary language.
  • Signature Requirement: Employees must receive a signed copy of the form, while employers must retain the original for six years.
  • Legal Compliance: It is illegal to pay employees less based on gender for equal work, and employers cannot prevent discussions about wages among employees.

Understanding these points ensures compliance with New York State Labor Law and promotes transparency in employer-employee relationships.

Ny Notice And Acknowledgement Of Pay Rate: Usage Guide

Completing the NY Notice and Acknowledgement of Pay Rate form is essential for ensuring transparency between employers and employees regarding pay rates and other related information. Once filled out, this form will serve as an official record of the pay rate and related details, which both parties should keep for their records.

  1. Employer Information: Start by entering the employer's name, Doing Business As (DBA) name, and optionally the FEIN (Federal Employer Identification Number). Fill in the physical and mailing addresses, as well as a contact phone number.
  2. Notice Given: Indicate when the notice is being provided. Choose either "At hiring" or "Before a change in pay rate(s), allowances claimed, or payday."
  3. Employee’s Rate of Pay: Write the employee's hourly pay rate in the space provided.
  4. Allowances Taken: Specify any allowances that apply. If none, select "None." If applicable, fill in amounts for tips, meals, lodging, or any other allowances.
  5. Regular Payday: Enter the regular payday for the employee.
  6. Pay Cycle: Indicate the pay cycle by selecting "Weekly," "Bi-weekly," or "Other." Provide details if you select "Other."
  7. Overtime Pay Rate: Fill in the overtime pay rate, ensuring it meets the legal requirement of at least 1½ times the employee’s regular rate.
  8. Employee Acknowledgement: The employee must read the acknowledgment section and check the appropriate box regarding the language of the notice. If their primary language is not English, they should fill that in as well.
  9. Employee Signature: The employee should print their name, sign the form, and date it.
  10. Preparer’s Name and Title: The person preparing the form must fill in their name and title.

After completing the form, ensure that the employee receives a signed copy for their records, while the employer retains the original for six years. This process helps maintain compliance with labor laws and fosters a clear understanding of compensation between both parties.