General Recordkeeping Requirements For Employees – NY

NEW YORK

Name and Address

          Yes

Occupation 

          No

Pay Rate 

          Yes

Wage per week or pay period

          Yes

Hours per day or week

          Yes

Deductions per Pay Period 

          Yes

Conditions of Employment 

          No

Length of time records must be preserved

          6 years

RECORDKEEPING REQUIREMENTS FOR MINORS

State Laws may not specifically require employers to keep data specifically on minors, although general recordkeeping requirements on the federal level may call for maintenance of that data.

Address

          Yes, for 6 years

Hours per day or week

          Yes, for 6 years

Time Starting, Ending Work/Meals 

          No

Wages

          No

Other Requirements

Post schedule of hours for minors, including starting and stopping times and the amount of time allowed for meals.

Work Permit or Age Certificate Required

Yes. For workers age 18-25, employer must retain proof of age. A nonfactory employment certificate maybe issued to a minor age 14 or 15 who attends day school, and a general employment certificate may be issued to minors who are 16 or 17, or who have graduated from a 4 year high school. 

Citations to Authority – Click link to view statute:

NY Lab. Law  § 661 

Records of employers*

NY Lab. Law §§ 131

Employment of minors; 14-15 years of age

NY Lab. Law §§ 132

Employment of minors; 16-17 years of age

NY Lab. Law §§ 135

Duties of employers

NY Lab. Law §§ 136

Employment of minors; 14-17; disability

NY Lab. Law §§ 144

Posting of hours

*Note:  Additional data may be required by the commissioner of labor