Wage Statement Information Required in New York
Employers in New York must comply with these state requirements relating to wage statements.
Employers in New York must furnish each employee with a statement with every payment of wages listing gross wages, deductions and net wages and, upon request, an explanation of how those wages were computed.
Employers are required to give notice to employees at the time of hire of the rate of pay and the employer's designated payday in writing. If employees are eligible for overtime compensation, the notice must also state the regular hourly rate of pay and the overtime rate of pay. Employers must obtain written acknowledgment from each employee of receipt of the notice.
Effective November 6, 2012, permissible payroll deductions authorized in writing by employees include:
- insurance premiums
- pension, health and welfare contributions
- repayment of pay advances and the accidental overpayment of wages
- daycare expenses
- U.S. bonds
- events sponsored by bona fide charitable organizations
- gym dues
- tuition and related academic expenses
- housing payments
Commissioned salespersons may request in writing a statement of earnings paid or due and unpaid. The employer must provide the statement and provide details pertinent to payment of wages, salary, drawing account, commissions and all other monies earned and payable in the case of termination of employment by either party.
Employers are required to give employees written notice at the time of hire and on or before February 1 of each subsequent year of employment, in English and in the primary language of the employee, information that includes the following:
- the rate of pay and the basis for pay;
- the regular hourly rate and overtime rate of pay, unless exempt from overtime requirements;
- any allowances claimed as part of the minimum wage, including tip, meal or lodging allowances;
- the regular pay day;
- the name of the employer and any "doing business as" names used by the employer;
- the physical address of the employer's main or principal place of business and a mailing address if different;
- the employer's telephone number; and
- any other information deemed necessary by the labor commissioner.
Employers must obtain a signed and dated acknowledgement, in English and in the employee's primary language, of receipt of the notice, which must be preserved and retained for six years.
Unless reflected in the wage statement, an employer must give employees at least seven calendar days' written notice of any changes.