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Notice Requirements for Fringe Benefits and Hours

Section 195.5 of the New York State Labor Law effective December 12, 1981 provides as follows:

"Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours."

To assist employers in complying with this provision, the Division of Labor Standards has issued the following guidelines:

An employer shall distribute in writing to each employee, the employer's policy on the above enumerated items. The employer upon the request of the Department, must be able to affirmatively demonstrate that such written notification was provided to employees by means which may include, but not be limited to, distribution through company newspapers or newsletters or by inclusion in a company payroll.

OR

An employer shall post and keep posted in each establishment in a conspicuous place where notices to employees are customarily posted, a notice which states the employer¹s policy on the above enumerated items or advises employees where on the employer's premises they may see such information in writing. Such information may be contained in a union contract, employee handbook, personnel manual, or in other written form. Deviations for an employee from such stated policy must be given to said employee in writing.

As used in the provision above, "hours" means the hours which constitute a standard workday and workweek for the establishment, and any other regular schedule, such as for part-time employees. Deviations should be given to the affected employee in writing.

Inquiries may be addressed or telephone calls may be made to the nearest office of the Division of Labor Standards.


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