HR Alert

NYDOL Releases Proposed Model Templates for Written Notice and Consent under New Wage Regulations

Agency Seeks Feedback from Employers

In connection with the adoption of new regulations governing the methods of payment of wages, the New York Department of Labor (NYDOL) has released proposed model templates for written notice and written consent regarding payment via payroll debit card and direct deposit. These resources are available for public comment and feedback until February 10, 2017.

Background
The state of New York has enacted new regulations, effective March 7, 2017, to provide clarification and specification as to permissible methods of payment of wages, including payment via payroll debit cards and direct deposit.

Under the regulations, an employer who offers one or more methods of payment of wages that require consent (e.g., direct deposit or payroll debit cards) must obtain such consent in writing and must ensure that:

  • It obtains the employee's informed consent without intimidation, coercion, or fear of adverse action by the employer for refusal to accept payment of wage by direct deposit or payroll debit card; and
  • It does not make payment of wage by direct deposit or payroll debit card a condition of hire or of continued employment.

Affected employers are advised to read the regulations in their entirety for additional requirements.

Proposed Model Templates for Employer Feedback
Model templates for written notice and written consent are available for public comment and feedback until February 10, 2017. The proposed templates are available below:

  • It obtains the employee's informed consent without intimidation, coercion, or fear of adverse action by the employer for refusal to accept payment of wage by direct deposit or payroll debit card; and
  • It does not make payment of wage by direct deposit or payroll debit card a condition of hire or of continued employment.

The NYDOL encourages interested parties to email comments and feedback to regulations@labor.ny.gov. According to the NYDOL, after any changes from such comments and feedback are made, updated templates will be posted prior to the effective date of the rule, along with translations into additional languages specified during the rulemaking process. Stay tuned for updates and finalized templates.

Click here to read the text of the regulations. Employers may also visit the NYDOL's website for more information.


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