N.Y. Comp. Codes R. & Regs. Tit. 12 § 192-1.3 - Written Notice and Consent
(a)
Notice of methods of payment. An employer who uses methods of payments other
than cash or check shall provide employees with a written notice that
identifies the following:
(1) a plain
language description of all of the employee's options for receiving
wages;
(2) a statement that the
employer may not require the employee to accept wages by payroll debit card or
by direct deposit;
(3) a statement
that the employee may not be charged any fees for services that are necessary
for the employee to access his or her wages in full; and
(4) if offering employees the option of
receiving payment via payroll debit card, a list of locations where employees
can access and withdraw wages at no charge to the employees within reasonable
proximity to their place of residence or place of work.
(b) Consent. An employer who offers one or
more methods of payment of wages that require consent shall obtain such consent
in writing and shall ensure that:
(1) 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
(2) Does not make payment of wage by direct
deposit or payroll debit card a condition of hire or of continued
employment.
(c)
Electronic. The written notice and written consent may be provided and obtained
electronically so long as an employee is provided with the ability to view and
print both the notice and the consent while the employee is at work and without
cost to the employee, and the employee is notified of his or her right to print
such materials by the employer through such electronic process.
(d) Language. The written notice and written
consent shall be provided in English and in the primary language of the
employee when a template notice and consent in such language is available from
the commissioner.
Notes
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