New York State Law 195 Compliance
Notice of Acknowledgement of Pay Rate and Payday under Section 195 of New York State Labor Law
The New York State Department of Labor requires that all New York State employers provide written notice to employees about the terms and conditions of employment related to rate of pay, regular pay cycle and, for non-exempt employees, rate of overtime pay. These notices must be provided upon rehire, when there are changes in pay rate and, most recently, (beginning in 2012) every year on or before February 1. In addition, employers are required to provide the form in the employee’s primary language. Current available languages are: English (default), Spanish, Chinese, Korean, Creole, Polish and Russian. Departments should contact their HR Client Manager to obtain a form in a language other than English.
The law applies to the following employees:
- All Academic personnel (excluding Student Officers and Post-Doctoral Fellows)
- Officers of Administration (both Regular and Temporary)
- Union and Non-Union Support Staff (both Regular and Temporary)
- The notice must be provided to all new employees as part of the new hire process and a signed copy must be included with the new hire paperwork.
When should you provide the NYS 195 form?
- At time of hire: upon initial hire or change in appointment (e.g., from casual/student officer/post-doctoral fellow, to faculty or officer of research, all non-academic new hires)
- Before a change in pay rate(s): when the salary changes for whatever reason (e.g., 9/1-12/31 and tri-semester reappointments, changes in appointment, promotions/upgrades, and interdepartmental transfers).
- Reappointments: 7/1-6/30; 9/1-5/31; 1/1-5/31 reappointments do not require you to provide the NYS 195 form. (These notifications will be captured during the yearly notice process.)
Annual ProcessAs required, the University must provide notices to all employees (excluding Student Officers and Postdoctoral Fellows) every year, on or before February 1.
- For all employees (excluding post-doctoral fellows and student officers, who should not receive NYS 195 Forms): An automated system will be available for employees to access NYS 195 forms online. An email notification will be sent to all employees asking everyone to log on to the new system with their UNI and password to access their NYS 195 Form.
- For certain union employees who do not have regular access at work to a computer: Paper versions of the form will be sent to the home address via US mail.
- As required by NYS 195 law, employees will be asked to acknowledge receipt of the notification via automated system or postage-paid return envelope.
Forms and Documents
- NYS DOL Law 195 Form - Exempt (PDF) (English version)
- NYS DOL Law 195 Form - Non Exempt (PDF) (English version) (Contact your HR Client Manager to request the NYS Form 195 in Spanish, Chinese, Korean, Russian, Polish and Creole)
- Casual NYS 195 and Employment Form - all Casuals (PDF)
- Work-Study Pay Information Memo (Word)
- NYS DOL Law 195 Cover Letter (Word)
- NYS DOL Law 195 Form Instructions (PDF)
- When to Use the NYS 195 Form (PPT)