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New York Labor - Article 19 - § 661 Records of Employers

Legal Research Home > New York Laws > Labor > New York Labor - Article 19 - § 661 Records of Employers


Labor 
 
    §  661.  Records  of  employers.  For  all  employees  covered by this
  article, every employer shall establish, maintain, and preserve for  not
  less  than six years contemporaneous, true, and accurate payroll records
  showing for each week worked the hours worked, the rate or rates of  pay
  and  basis  thereof, whether paid by the hour, shift, day, week, salary,
  piece, commission, or other basis; gross wages; deductions;  allowances,
  if  any,  claimed  as  part  of the minimum wage; and net wages for each
  employee, plus such other information as the commissioner deems material
  and necessary. 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 payroll
  records must include the regular  hourly  rate  or  rates  of  pay,  the
  overtime  rate  or rates of pay, the number of regular hours worked, and
  the number of overtime hours worked. For  all  employees  paid  a  piece
  rate,  the  payroll  records  shall include the applicable piece rate or
  rates of pay and number of pieces  completed  at  each  piece  rate.  On
  demand,  the  employer  shall  furnish  to  the commissioner or his duly
  authorized representative a sworn statement of the hours worked, rate or
  rates of pay and basis thereof, whether paid by the  hour,  shift,  day,
  week,   salary,   piece,   commission,  or  other  basis;  gross  wages;
  deductions; and allowances, if any, claimed as part of the minimum wage,
  for each employee, plus such other information as the commissioner deems
  material and necessary. Every employer shall keep such records  open  to
  inspection  by the commissioner or his duly authorized representative at
  any reasonable time. Every employer of an employee shall keep  a  digest
  and  summary  of  this  article or applicable wage order, which shall be
  prepared by the commissioner, posted  in  a  conspicuous  place  in  his
  establishment  and shall also keep posted such additional copies of said
  digest and summary as the commissioner prescribes. Employers  shall,  on
  request,  be furnished with copies of this article and of orders, and of
  digests and summaries thereof, without charge.  Employers  shall  permit
  the  commissioner  or  his  duly  authorized  representative to question
  without interference any employee of such employer in a private location
  at the place of employment and during working hours in  respect  to  the
  wages paid to and the hours worked by such employee or other employees.
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Last modified: February 15, 2014