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New Hire Paperwork: New York

New Hire Paperwork requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team

Summary

  • New York's Wage Theft Prevention Act requires employers to provide notice of pay to new hires. See Wage Theft Prevention Act Notice.
  • Private investigators, watch guards, patrol agencies and security or fire alarm system installers must obtain statements from new hires. See Employee Statements.
  • New York City has requirements pertaining to new hire notices. See Local Requirements.

Employee Notification Requirements

Wage Theft Prevention Act Notice

New York's Wage Theft Prevention Act (WTPA), +NY CLS Labor § 195, requires private sector employers to provide notice to employees, including the:

  • Employee's pay rate;
  • Date of pay as designated by the employer;
  • Employer's intent to claim allowances (e.g., tip or meal allowances) as part of the minimum wage;
  • Basis of wage payment (e.g., hourly or by shift, day, week, piece, etc.);
  • The name of the employer;
  • Any names under which the employer does business;
  • The physical address of the employer's main office or principal place of business, and a mailing address if different;
  • Employer's telephone number; and
  • Other information as the commissioner deems material and necessary.

See Payment of Wages: New York.

Notices under the WTPA must be provided:

  • At the time of hiring; and
  • Within seven days of a change if the change is not listed on the employee's pay stub for the following pay period.

Employers are required to provide the notice both in English and in the employee's primary language (as identified by the employee) through translated notices provided by the Department of Labor (DOL). If a notice is not available in the language identified by the employee, the employer must provide it in English.

The New York State DOL provides a series of sample notices that an employer may use depending on an employee's basis of pay, or industry for hospitality industry employees:

After the employer provides the notice to the employee, it must obtain from the employee a signed and dated written acknowledgement of receipt of the notice in English as well as in the primary language of the employee. The employer must preserve and maintain this document for six years. The acknowledgement must 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 the employee was in the language identified.

If an employee refuses to sign the notice, the employer should still give the notice to the employee and note the employee's refusal.

Notices may be provided electronically if the employer has a system in place allowing employees to acknowledge receipt, and print copies of the notices.

Employee's Withholding Allowance Certificate

All employees should complete and submit a New York State Form IT-2104, Employee's Withholding Allowance Certificate. See Withholding Taxes: New York.

Nonresidents of New York State (NYS) should also complete Form IT-2104.1, New York State, City of New York, and City of Yonkers Certificate of Nonresidence and Allocation of Withholding. This form informs the employer of the percentage of the nonresident's services during the year that will be performed within NYS and that will be subject to NYS income tax withholding.

If an employee has not filed federal Form W-4, Employee's Withholding Allowance Certificate, or wishes to claim allowances other than those claimed for federal income tax withholding purposes, the employee must complete and give Form IT-2104 to his or her employer.

Employee Statements

Private Investigators, Watch Guards or Patrol Agencies

Each licensed private investigator, watch guard or patrol agency, including every proprietary security guard company shall obtain a complete employee statement from each employee at the time of hiring. The employee statement is a Department of State form, which inquires whether the employee has ever been convicted of an offense (other than a minor motor vehicle offense) and any other information required by the Department of State. See +19 NYCRR § 170.3.

Security or Fire Alarm Systems Installers

Businesses licensed to install, maintain or service security or fire alarm systems must obtain a complete employee statement from each employee at the time of hiring. See +19 NYCRR § 195.12.

The employee statement is a Department of State form, which inquires whether the employee has ever been convicted of an offense (other than a minor motor vehicle offense), which contains at least the following information:

  • The employee's full name and residence address;
  • The business or occupation engaged in for the three years immediately the date of the filing of this statement, including the place or places where such business or occupation was engaged in and the name or names of employers, if any;
  • That he or she was not been convicted of a felony involving fraud, bribery, perjury or theft or any other misdemeanors or offenses; and
  • Any further information as the Department of State may require showing the good character competency and integrity of the person executing the statement.

See +19 NYCRR § 195.12.

Local Requirements

New York City Commuter Benefits Notice

An employer with 20 or more full-time employees (FTEs) in NYC is required to offer each of those FTEs the option of pre-tax pay deductions to purchase qualified mass transit fringe benefits, other than qualified employer-provided parking. For more detailed information on New York City's Commuter Benefits Law see Taxation of Employee Compensation: New York.

An employer must offer its full-time employees the opportunity to use pre-tax earnings to purchase transportation fringe benefits by January 1, 2016, or four weeks after a new employee's commencement of employment as a full-time employee of the employer, whichever is later. +6 RCNY 8-04.

New York City Lactation Room Accommodations Policy

Effective March 18, 2019, an amendment to the New York City Human Rights Law requires New York City employers with four or more employees to develop and implement a written policy:

  • Providing lactation room accommodations; and
  • Describing the process by which an employee can request the accommodations.

Covered employers must distribute this policy to all new employees upon hiring. The New York City Commission on Human Rights (Commission), in collaboration with the Department of Health and Mental Hygiene, will develop a model lactation room accommodation policy that conforms to the above requirements and a model lactation room request form. The Commission will make such model policy and request form available on its website.

For details regarding the lactation room accommodations policy requirements see EEO - Discrimination: New York.

New York City Paid Sick Leave Notice

The New York City Earned Safe and Sick Time Act (ESSTA) requires certain employers to provide eligible employees with sick leave that the employee can use for the care and treatment of themselves or a covered family member, or for a public health emergency. Further, the law has been expanded to allow employees to take leave when the employee or a family member has been the victim of a family offense matter, a sexual offense, stalking or human trafficking. For more detailed information regarding the Earned Safe and Sick Time Act, see Other Leaves: New York.

New hires must receive written notice of their rights under the ESSTA. The notice must include the accrual and use of sick leave, the applicable calendar year, the right to be free from retaliation and the right to file a complaint with NYC's Department of Consumer Affairs (DCA). The notice is available in English and over 20 additional languages including: Spanish, Italian and Russian. The notice must be provided in both English and the employee's primary language, if it is the primary language of at least five percent of employees at the location and if it is available from the DCA. For any notice not provided by the DCA, an employer must provide the notice in English and any language the employer customarily uses to communicate with employees. +NYC Administrative Code 20-919.

Employers must provide new employees with the revised notice of rights informing them of their right to safe time. Current employees who already received notice of their right to sick time must receive notice of their right to safe time within 30 days of the effective date (June 4, 2018).

The delivery method an employer chooses must reasonably ensure employees receive the notice, and must be consistent with any other applicable law or rule that specifically addresses a delivery method, such as:

  • Handing to each employee personally;
  • Sending by regular mail or email; or
  • Including in new hire materials given directly to the employee.

An employer may post a notice in addition to providing employees with the required written notice of their rights under the ESSTA; however, posting cannot take place in lieu of delivering the notice.

In addition, an employer should save a signed copy of the notice or an email receipt of the notice demonstrating its compliance.

Further, under the ESSTA a covered employer is required to maintain a written safe time and sick policy.  The policy must be distributed:

  • To new hires upon commencement of employment;
  • Within 14 days of the effective date of any change to the policy; and
  • Upon request by the employee.

The policy must be provided in a manner that reasonably ensures that employees receive it (e.g., distribution to each employee personally, by regular mail or by email). Providing the notice of employee rights or other government writing does not satisfy this policy requirement.

New York City Pregnancy Accommodations Notice

It is an unlawful discriminatory practice under New York City's Human Rights Law for an employer with four or more employees to refuse to provide a reasonable accommodation to an employee due to pregnancy (including a healthy non-disabling pregnancy), childbirth or a related medical condition, if:

  • The employee requests an accommodation; and
  • The employer knows about the pregnancy or related medical condition.

Reasonable accommodations include bathroom breaks, leave for a period of disability arising from childbirth, breaks to facilitate increased water intake, periodic rest for those who stand for long periods of time, and assistance with manual labor. See Disabilities (ADA): New York; EEO - Discrimination: New York.

The New York City Human Rights Commission has created a written notice regarding employees' rights in relation to pregnancy, and childbirth and related medical conditions that employers may post in the workplace. This notice is available in English, Chinese, Haitian Creole, Italian, Korean, Russian and Spanish.

Employers are required to provide the notice to:

  • All new hires at the start of employment; and
  • All current employees.

While it is not required that employers post this notice, it is best practice to do so. See Employee Communications: New York.

New York City Scheduling Notifications

The New York City Fair Work Practices ordinances (also known as the New York City Fair Workweek ordinances) establishes several new scheduling requirements for fast food and retail employers. For detailed information regarding these ordinances see Managing Employees in Special Situations: Federal.

Under the law, no later than when a new fast food employee receives such employee's first work schedule, a covered fast food employer must provide such employee with a good faith estimate in writing setting forth the number of hours a fast food employee can expect to work per week for the duration of the employee's employment and the expected dates, times and locations of those hours. If a long-term or indefinite change is made to the good faith estimate, the fast food employer must provide an updated good faith estimate to the affected employee as soon as possible and before such employee receives the first work schedule following the change. The New York City Department of Consumer Affairs (DCA) issued final rules that define long-term or indefinite change.

In addition, a fast food employer must provide a fast food employee with written notice of a work schedule containing regular shifts and on-call shifts on or before the employee's first day of work. For all subsequent work schedules, the fast food employer must provide such notice no later than 14 days before the first day of any new schedule. This work schedule must span a period of at least seven days and contain all anticipated regular shifts and on-call shifts that the employee will work or will be required to be available to work during the work schedule.

Further, a fast food employer must:

  • Provide fast food employees with written notice of the work schedule by:
    • Posting the schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees; and
    • Transmitting the work schedule to each fast food employee, including by electronic means, if such means are regularly used to communicate scheduling information.
  • Update such schedule within 24 hours of the employer's knowledge of a change or as soon as practicable if the change is effective within 24 hours, provide the revised written schedule to the affected employees and re-post the schedule in accordance with paragraph one of this subdivision; and
  • Upon request by any fast food employee, and in accordance with the rules of the office, provide such employee with:
    • Such employee's work schedule in writing for any previous week worked for the past three years; and
    • The most current version of work schedules of all fast food employees who work at the same fast food establishment as the requesting employee, whether or not changes to the work schedule have been posted.

However, under the final rules covered employers are prohibited from posting or otherwise disclosing to the other employees the work schedules of an employee who has been granted an accommodation based on the employee's status as a survivor of domestic violence, stalking or sexual assault if this disclosure would conflict with the accommodation.

In addition, a retail employer must provide a retail employee with a written work schedule no later than 72 hours before the first shift on the work schedule. A retail employer must conspicuously post in a location that is accessible and visible to all retail employees at the work location the work schedule of all the retail employees at that work location at least 72 hours before the beginning of the scheduled hours of work and must update the schedule and directly notify affected retail employees after making changes to the work schedule. Retail employers must also transmit the work schedule by electronic means, if such means are regularly used to communicate scheduling information. Further, the final rules prohibit a retail employer from posting or otherwise disclosing to other employees the work schedule of a retail employee who has been granted an accommodation based on the employee's status as a survivor of domestic violence, stalking, or sexual assault, if the disclosure would conflict with the accommodation.

+NYC Administrative Code 20-1221.

New York City Sexual Harassment Prevention Notice

New York City enacted the Stop Sexual Harassment in New York City Act, which is aimed at preventing sexual harassment in the workplace. For detailed information regarding this law see EEO - Harassment: New York.

Under the law employers are required to distribute a fact sheet on sexual harassment developed by the New York Commission on Human Rights (Commission) to employees at the time of hire. Employers may include the fact sheet in an employee handbook.

Further, under the law every employer must conspicuously display an anti-sexual harassment rights and responsibilities poster designed by the Commission. The poster sets forth the following:

  • An explanation of sexual harassment as a form of unlawful discrimination under local law;
  • A statement that sexual harassment is also a form of unlawful discrimination under state and federal law;
  • A description of sexual harassment, using examples;
  • The complaint process available through, and directions on how to contact, the commission;
  • The complaint process available through, and directions on how to contact, the state division of human rights;
  • The complaint process available through, and directions on how to contact, the United States Equal Employment Opportunity Commission; and
  • The prohibition against retaliation.

+NYC Administrative Code 8-107(29).

Westchester County Paid Sick Leave Notice

Westchester County passed an Earned Sick Leave Law (ESLL), effective April 10, 2019, which requires employers with five or more employees to provide eligible employees with paid sick leave and employers with five or fewer employees to provide unpaid sick leave. For more detailed information regarding the Earned Sick Leave Law, see Other Leaves: New York.

All employers must give employees a copy of the Earned Sick Leave Law and written notice of how the law applies to that employee when employment begins or within 90 days of the law's effective date (i.e., by July 10, 2019), whichever is later.

There are also posting requirements. See Employee Communications: New York.

If an employer does not comply with the notice and posting requirements, it will be subject to a fine up to $500 for each offense.

Westchester County, New York Code of Ordinances Sect. 585.09.

Future Developments

Westchester County Domestic Violence Leave Notice

Effective October 30, 2019, under the Westchester County Safe Time Leave Law (STLL), an employer will be required to provide up to 40 hours of paid safe leave per year to employees who are victims of domestic violence or human trafficking. STLL requires an employer to give each employee a copy of the STLL and written notice of how the STLL applies to that employee within 90 days of the law's effective date (i.e., by January 28, 2020) or when employment begins, whichever is later. An employer who willfully violates the notice requirements shall be subject to civil fine in an amount not to exceed $500 for each offense.Continue to check XpertHR regularly for the latest information on this and other topics.

See Other Leaves: New York.

Chapter 586.

Additional Resources

New Hire Paperwork: Federal

New York State Department of Labor Wage Theft Prevention Act Frequently Asked Questions