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Written Notice of Wages for New Hires – New Requirement

As you are aware from our previous memoranda, effective October 26, 2009, all employers are required to provide new hires with a written notice of their hourly rate of pay, overtime rate of pay, if applicable, and the regular pay date. If the employee is exempt from overtime, the form must so state. The written notice must be acknowledged by the employee and one copy given to the employee and the other retained by the employer.

Although the Department of Labor does not require that employer use a particular form for the notice, in recent regulations it has specified that if an employee is exempt from overtime, the notice must not only state that the employee is exempt but must also state the basis for the exemption (i.e., executive, administrative, professional, computer or outside sales person exemption). This is a new requirement that is not contained in the statute itself.

We have revised the model form we sent you in November 2009 and enclose a form that complies with the new requirement in the regulations that the basis of the exemption be stated.

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