New York Gov. David Patterson signed into law a bill requiring employers to obtain from all new employees a written acknowledgment that their employer provided them with information about their pay day, pay rate and, if they are nonexempt, their overtime rate. This new law takes effect for employees hired on or after Oct. 26, 2009.

The acknowledgment form to be used by employers must conform to requirements established by the New York Commissioner of Labor. As of 8/31/2009 the commissioner has not issued regulations or a model acknowledgment form.

Before this amendment to section 195 of the New York Labor Law, employers merely had to advise employees of their pay day and rate. There was no requirement that this information be placed in writing. The bill's sponsors assert that the law's new requirements "will ensure that employees understand a critical feature of the employment relationship with their employers and will help to prevent confusion between an employer and employee regarding overtime pay."

Although there is no specific penalty tied to the acknowledgment requirement, the New York Labor Law does have a general penalties section that provides that any violation of New York's Labor Law may result in a misdemeanor and small fine. Violation of the written acknowledgment requirement also could be used as evidence that the employer failed to pay properly and, accordingly, may owe back pay, liquidated damages or overtime pay under the New York Labor Law. Likewise, it is possible that retaliation claims could arise from employees who have complained about an employer’s failure to comply with the amendment.

Governor Paterson also signed into law Assembly Bill 9038/Senate Bill 6030, which requires insurers to allow parents to include qualified young adult children on group health insurance policies.

The law requires group health plan insurers to offer parents optional coverage for unmarried children up to the age of 29, regardless of financial dependence. To qualify, children must not be eligible for employer-sponsored health insurance or covered by Medicare. Employers are not responsible for the cost of coverage and are not required to offer it to employees. All group insurance policies issued, renewed, or revised in New York on or after Sept. 1, 2009, must offer the coverage.

The administration has noted that uninsured young adults aged 19 to 29 represent 31 percent of New York’s total uninsured population. Many work in jobs that do not provide health insurance and cannot afford to buy insurance independently.