Section 195. Notice and record-keeping requirements  


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  • Every employer shall:
        * 1. notify his employees at the time of hiring of the rate of pay and
      of  the  regular  pay  day designated by the employer in accordance with
      section one hundred ninety-one of this article;
        * NB Effective until October 26, 2009
        * 1. notify his or her employees, in writing, at the time of hiring of
      the rate of pay and of the regular pay day designated by the employer in
      accordance with section one hundred  ninety-one  of  this  article,  and
      obtain  a  written acknowledgement from each employee of receipt of this
      notice.  Such  acknowledgement  shall  conform   to   any   requirements
      established by the commissioner with regard to content and form. For all
      employees  who  are eligible for overtime compensation as established in
      the commissioner's minimum wage orders or otherwise provided by  law  or
      regulation,  the  notice must state the regular hourly rate and overtime
      rate of pay;
        * NB Effective October 26, 2009
        2. notify his employees of any changes in the pay days  prior  to  the
      time of such changes;
        3. furnish each employee with a statement with every payment of wages,
      listing  gross  wages, deductions and net wages, and upon the request of
      an employee furnish an explanation of how such wages were computed;
        3-a. in  addition,  every  railroad  corporation  shall  furnish  each
      employee  with  a  statement with every payment of wages listing accrued
      total earnings and taxes to date and further furnish  said  employee  at
      the  same  time  with a separate listing of his daily wages and how they
      were computed;
        4. establish, maintain and preserve for  not  less  than  three  years
      payroll  records  showing  the hours worked, gross wages, deductions and
      net wages for each employee.
        5. notify  his  employees  in  writing  or  by  publicly  posting  the
      employer's  policy on sick leave, vacation, personal leave, holidays and
      hours.
        6. notify any employee terminated from employment, in writing, of  the
      exact date of such termination as well as the exact date of cancellation
      of  employee  benefits connected with such termination. In no case shall
      notice of such termination be provided more than five working days after
      the  date  of  such  termination.  Failure  to  notify  an  employee  of
      cancellation  of accident or health insurance subjects an employer to an
      additional penalty pursuant to section two  hundred  seventeen  of  this
      chapter.