HR Alert: NY Employers Have a New Duty

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On April 28, 2020, the New York State Department Labor (DOL), as amplified by the Department of Taxation and Financial Services (DTF), issued a directive to New York employers. It’s a reminder that DOL regulation 12 NYCRR § 472.8 requires an employer to provide a separated employee with certain basic information including:

  • The company’s legal name;
  • DOL employer registration number; and
  • Federal EIN

The employer registration number is found on an employer’s Form NY-45, and an easy way to complete this task is to fill out Department of Labor Form IA 12.3 which is a fillable PDF.

Notably, if this information already is contained on a paystub, then the notice need not be given.

This recent command goes beyond the regulation’s scope in that it requires the information to be provided to all employees “whose work schedule and/or employment status has been impacted as a result of COVID-19 related issues,” not just separated or laid off employees. This seems to be a reaction to the large numbers of employees filing for unemployment benefits.

For this and other employment-related issues, The Coppola Firm is here to provide guidance and legal counsel. Don’t hesitate to reach out to our attorneys if you have questions about your duties and obligations.

Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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