Dealership Employee Pay Rate and Payday Forms (2024)

New York State Labor Law 195 Required Notice Dealership Employee Pay Rate and Payday Forms

Instructions for Completing Notice and Acknowledgement Forms

© September 2015 Greater New York Automobile Dealers Association

Completing Employee Pay Rate and Payday Notice and Acknowledgement Forms

New York Labor Law Section 195 Required Notice

New York State Labor Law requires dealers to provide a wage notice to every new employee at the time they are hired. Dealers must also provide this notice seven days before any change in pay rate(s), allowances claimed, or payday, or any of the other information contained in the wage notice unless the change is reflected on the wage statement that accompanies the payment of wages. The New York State Department of Labor (NYSDOL) has published templates of the required forms which deal- ers can customize for their employees. As a benefit of membership, GNYADA’s Employee Relations Plan is pro- viding you with the enclosed examples of completed forms. Blank forms can be found at www.gnyada.com/dealers/payforms/overview . Also included are section-by-section instructions which correspond to the required NYSDOL forms. Depending on your employee classification system, employees such as BDC workers may be classified differently. Be sure to use the form that corresponds to your own pay plan. Included on the sample exempt forms is language to help you identify the specific exemption for employees not entitled to overtime pay.

Carefully follow the instructions to properly complete each form.

Dealership Employee Pay Rate and Payday Form Instructions

1

Instructions

STEPS 1-6

This is general information. For specific legal advice, consult your dealership’s attorney.

1. EMPLOYER INFORMATION: Dealers must complete the follow- ing information in the box provided on the left side of the form:

The separate agreement (see Sample Commission Agreement) must contain the terms and conditions of employment, includ- ing how commissions are calculated, and must be signed by both the Dealer and the employee. 4. ALLOWANCES TAKEN: Dealers must indicate if any allowances are taken against the minimum wage. This does not include “demo allowances.” Allowances taken against the minimum wage include meal credits, lodging credits and tips. If no allowances are taken, check the box for “none.” 5. REGULAR PAYDAY: Dealers must state the day of the week on which employees are paid. 6. PAY IS: Dealers must specify whether the employee is paid weekly, bi-weekly (every two weeks) or at some other frequency.

Name

n

n Doing Business As (DBA) name(s) (if any)

Physical Address Mailing Address

n

n

n Phone Number Note: the form provides space for the dealership’s FEIN number – this information is optional. 2. NOTICE GIVEN: Dealers must indicate in the form whether the notice is given:

At hiring

n

n Before a change in pay rate(s), allowances claimed • (likely not applicable to Dealers) or payday, unless the • change is reflected on the statement that accompanies • the payment of wages.

3. EMPLOYEE’S RATE(S) OF PAY: Dealers must state the employee’s rate(s) of pay.

n Manual workers, e.g., technicians, partspersons, etc. • must be paid at least weekly.

Special Considerations:

n Clerical and other workers (e.g., office personnel) must • be paid at least bi-weekly.

Technicians: Dealers should state the applicable hourly rate and, if applicable, “See attached incentive plan.”

n Commissioned salespersons, commissioned service • writers/managers and commissioned F&I employees • must be paid in accordance with the terms of the com- • mission agreement, at least monthly.

Employees paid commission: Dealers should state the applica- ble rate and then state: “Your terms of employment with the Dealership, including calculation of commissions, are set forth in a separate agreement attached hereto.”

2

STEPS 7-8

7. OVERTIME PAY RATE(S): Dealers must state the overtime pay rate for all non-exempt employees.

SALESPERSON, PARTSPERSON AND MECHANIC EXEMPTION Salespersons, partspersons and mechanics qualify for this exemption (Dealers should note that the United States Depart- ment of Labor [DOL] recently decided not to specifically include service managers, service writers, service advisors, or service salespeople as a qualifying exemption.) The term “mechanic” does not include employees primarily performing such nonmechanical work as washing, cleaning, painting, polishing, tire changing, installing seat covers, dispatching, lubricating or other nonmechanical work. n Automobile salesperson, partsperson and mechanic exemp tion (29 U.S.C. § 213(b)(10)(A) and 12 N.Y.C.R.R. § 142-2.2) or any other applicable exemption. Your total compensation shall be equal to or exceed the minimum wage for all hours worked up to 40 hours in a workweek and at least 1½ times the mini - mum wage for all hours worked in excess of 40 in a workweek. Salesperson Exemption applies if: Employee spends over 50% of his/her time making sales or obtaining orders or contracts for the sale of vehicles. Partsperson Exemption applies if: Employee spends over 50% of his/her time requisitioning, stocking and dispensing parts. Mechanic Exemption applies if: Employee spends over 50% of his/her time doing mechanical work in servicing an automobile. Dealer should state the following: n The commission exemption (29 U.S.C. § 7(i) and 12 N.Y.C.R.R. § 142-2.2) or any other applicable exemption. In any workweek in which you work in excess of 40 hours, your total compensa- tion shall be equal to or exceed at least 1½ times the minimum wage for each and every hour worked. Employee’s regular rate of pay exceeds 1 ½ times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked; and 2. More than half the employee’s total earnings in a representative period (not less than a month) consists of commissions. Commission Employee Exemption applies if: 1. 8. EMPLOYEE ACKNOWLEDGMENT: Dealers must provide notice in the primary language of the employee in the New York State Department of Labor (NYSDOL) publishes template notices in the employee’s primary language. Employees must complete, sign and date the acknowledgment. The NYSDOL has prepared templates in English, Spanish, Chinese, Russian, Haitian Creole, Polish and Korean. Templates are available at: https://labor.state.ny.us/formsdocs/wp/ ellsformsandpublications.shtm. COMMISSION EMPLOYEE EXEMPTION Dealer should state the following: Employees who may qualify: F&I employees, Service Writers

Except as provided herein, the overtime pay rate must be at least 1 ½ times the employees’ regular rate for all non-exempt employees with a single rate of pay. For exempt employees the dealer may state the applicable exemption, however, such information is optional.

WHITE COLLAR EXEMPTION Administrative, Executive, Highly-Compensated

Dealer should state the following:

n Administrative, executive, or highly-compensated employee exemption (29 U.S.C. § 213(a)(1) and 12 N.Y.C.R.R. § 142-2.2) or any other applicable exemption. In order to be exempt from federal minimum wage and overtime requirements, you must be paid a weekly salary of at least $970.* Administrative Exemption applies if: 1. Employee is paid at least $970* per week on a salary basis; 2. Employee’s primary duty is performance of office or non- manual work directly related to management or general business operations of the employer or customers; and 3. Employee’s primary duty includes the exercise of descretion and independent judgement with respect to matters of significance. Executive Exemption applies if: 1. Employee is paid at least $970* per week on a salary basis; 2. Employee’s primary duty is managing the enterprise, or a customarily recognized department or subdivision of the enterprise; and 3. Employee customarily and regularly directs the work of two or more other full-time employees; and 4. Employee has the authority to hire and fire employees, or the employee’s suggestions and recommendations as to hiring, firing, advancement, promotion or other change of status must be given particular weight. Highly-Compensated Employee Exemption applies if: 1. Employee is paid total annual compensation of $122,148 or more (must include at least $970* per week on a salary basis); and 2. Employee customarily and regularly performs at least one of the duties of an exempt executive, administrative or professional employee. NOTE: Dealers claiming a White Collar exemption must pay an employee a weekly salary of at least $675** to be exempt from state minimum wage and overtime requirements. If such an employee is paid less than $675** per week, the dealer must ensure that the total compensation for that workweek equals or exceeds the minimum wage for all hours worked in that workweek up to 40 hours and at least 1½ times the minimum wage for all hours worked in excess of 40 in that workweek. Employees who may qualify: General Managers, Sales Managers Employees who may qualify: Office Manager, Controller Employees who may qualify: General, Sales, Service Managers

3

* Proposed by the United States Department of Labor. These figures will be indexed and revised annually.

** Effective after 12/31/15

sample NYSDOL form LS 54

Hourly Rate Employees

4

Dealership Employee Pay Rate and Payday Form Instructions

sample NYSDOL form LS 56

Flat, Straight Salary (entitled to overtime pay)

Dealership Employee Pay Rate and Payday Form Instructions

5

sample NYSDOL form LS 59

Exempt from Overtime (ie., salespersons, etc.)

*$9.00 minimun wage in New York is effective 12/21/15

6

Dealership Employee Pay Rate and Payday Form Instructions

sample NYSDOL form LS 59

Exempt from Overtime (ie., service writers, etc.)

Dealership Employee Pay Rate and Payday Form Instructions

7

sample NYSDOL form LS 59

Exempt from Overtime (ie., managers, etc.)

8

Dealership Employee Pay Rate and Payday Form Instructions

Greater New York Automobile Dealers Association Employee Relations Plan 18-10 Whitestone Expressway, Whitestone NY 11357 www.gnyada.com I tel 718-746-5900 I 800-245-4640 I fax: 718-746-5557

The Greater New York Automobile Dealers Association (GNYADA) represents franchised new car and truck dealers in New York City, Long Island, and Putnam, Orange, Dutchess, Westchester and Rockland counties. Our members sell, lease, and service new and used cars and trucks. GNYADA also owns and manages the New York International Automobile Show, the oldest and largest-attended auto show in North America.

The Employee Relations Plan(ERP) is a separate membership program that provides members with professional guidance in the complex field of labor and employment relations. ERP services are provided through a hotline to labor law specialists, seminars, and publications.

© 2015 Developed by the Greater New York Automobile Dealers Association’s Employee Relations Plan (ERP) Division and may not be reproduced without permission. All rights reserved.

GNYADA-9/15

Dealership Employee Pay Rate and Payday Forms (2024)

FAQs

What information is required on a pay stub in California? ›

California Paystub Requirements (2022)

Employee name and last four digits of Social Security Number (SSN) or Employee ID Number (EIN) What pay period the paystub is for. Gross wages (without deductions) for the pay period. Total hours worked by the employee.

Can hourly employees be paid monthly in California? ›

Labor Code Section

May be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month's salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time.

What is the NY wage notice for? ›

The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011. The law requires employers to give written notice of wage rates to each new hire. The notice must include: Rate or rates of pay, including overtime rate of pay (if it applies)

How many hours can a salaried employee work in New York? ›

An overtime-eligible employee (paid a salary) who regularly works more than 40 hours per week, they are still entitled to overtime pay for hours worked over 40 hours. The number of hours included in the employee's regular workweek only affects the rate of overtime pay.

How do I make a wage statement? ›

This itemized wage statement must contain the following information: your name, wages earned, dates of the pay period, your employer's name, address and telephone number, as well as all deductions (taxes, etc.) and hours of paid sick leave accrued.

What are the new labor laws for 2022 in California? ›

Starting January 1, 2022 the minimum wage is $15.00 an hour for large employers and $14.00 an hour for small employers. If a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.

What is regular payday? ›

The Employer shall establish a regular weekly payday on which Employees shall be paid during working hours, which payday shall not be later than seven days following the end of the payroll period. Time cards shall be reviewed and signed by the Employees daily or weekly and submitted to the Employer.

How often must I pay my employees? ›

In California, wages, with some exceptions, must be paid at least twice during each calendar month on the days designated in advance as regular paydays.

Are pay stubs required in NY? ›

In New York State, as part of the Wage Theft Prevention Act, employers are required to provide a Statement of Wages, also known as a Pay Stub, with each payment of wages.

What will NYC minimum wage be in 2022? ›

The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least $14.20 an hour beginning December 31, 2022. Minimum wage rates differ based on industry and region. Rates will increase each year until they reach $15.00 per hour.

What is an exempt employee? ›

Employees may be considered exempt if they are paid a salary, earn at least $684 per week or $35,568 annually, and perform the job duties of one of the exempt professions (administrative, executive, etc.). Highly compensated employees who make $107,432 or more per year are also not required to be paid overtime.

Can salaried employees ask for overtime? ›

Yes, salaried employees in Ontario can get overtime pay, just like hourly workers. Under the province's Employment Standards Act (ESA), there is no exemption for salaried employees.

Can I refuse to work weekends? ›

You can opt out of having to work on Sunday even if your contract says you have to. Your employer has to tell you about this right within two months of hiring you. These rights don't apply if you're employed to work on Sundays only.

Do salaried employees get paid if they do not work? ›

Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work.

Can you make your own pay stubs? ›

It is perfectly legal to create your own pay stubs, and you can do so easily using Check Stub Maker. However, creating fake pay stubs in order to apply for loans and other things is illegal.

Do employers have to give you a pay stub? ›

Federal labor law does not require you to provide pay stubs to your employees. However, many states have their own pay stub laws that do require you to supply them.

Is it illegal not to give an employee a payslip? ›

Employers must give all their employees and workers payslips, by law (Employment Rights Act 1996). Workers can include people on zero-hours contracts and agency workers. Agency workers get their payslips from their agency.

What is a wage sheet? ›

The payroll or wage sheet is a consolidated list of workers, which shows the gross deductions and net wages payable to them.

What is an employee pay statement? ›

A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated.

Is a pay stub and pay statement the same? ›

Your paystub is an earnings statement that includes details on the gross wages you earned for the pay period, the federal and state taxes withheld, MIT Benefits-related deductions, and your net pay. Alternate terms for paystub include pay slip, pay advice, wage slip, or salary statement.

How many hours between shifts is legal in California? ›

What are the minimum hours required between shifts in California? California does not have a minimum amount of hours between shifts. Most workers are entitled to a 10-minute break for every four hours they work.

How many days in a row can you work in California? ›

Rules for Work Schedules in California

In general, every worker should have days of rest. California law normally prohibits an employer from requiring you to work more than six out of seven days.

Are 15 minute breaks required by law in California? ›

Rest breaks/rest periods are also required under California labor regulations. The length of required rest periods must be at least ten (10) minutes for each four (4) hours, or substantial fraction thereof, that the employee will work in the day. These rest breaks must be counted as time worked and must be paid time.

What are the most common payroll schedules? ›

The 4 Most Popular Pay Schedules

There are four common types of payroll schedules found in the U.S.: monthly, semi-monthly, bi-weekly, and weekly.

Which is correct pay day or payday? ›

Pay day is the day of the week or month on which you receive your wages or salary. Until next payday, I was literally without any money. If a sports player has a big pay day, he or she earns a lot of money from winning or taking part in a game or contest.

How often do I get paid? ›

Weekly: This is usually on the same day of the week, like Friday, for the previous week's work. Employees are paid 52 paychecks a year. Biweekly: Employees are paid every other week, either for the previous two weeks or the two weeks before that. This pay period results in 26 paychecks a year.

When should wages be paid? ›

Wages are usually paid on a monthly basis for salaried employees and weekly or monthly for people who are paid by the hour. Some employers may pay on a different basis, say every two weeks.

What happens if I don't get paid on payday? ›

Per several California Labor Code sections and the state's labor laws, an employer is subject to penalties if the employer fails to pay an employee on time. For example, as to regular pay, employers are subject to a $100 penalty if they fail to pay an employee on his/her regular payday.

What is twice a month pay? ›

A semi-monthly pay schedule means pay checks are distributed two times a month, usually on fixed dates such as the 1st and 15th, or the 15th and 30th. However, they may not necessarily fall on the same day of the week, and you would end up paying your employees 24 times in a year instead of 26.

How many hours is full-time? ›

Definition of Full-Time Employee

For purposes of the employer shared responsibility provisions, a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.

What do I do if my employer doesn't give me a paystub? ›

My employer refuses to give pay stubs – what can I do? If an employer refuses to give an employee a pay stub, then the employee may be able to sue in a court of law to obtain the requested records.

Is it illegal to pay employees late in NY? ›

Under New York's late payment law, employers who fail to pay their manual workers on a weekly basis must repay them all amounts paid later than seven days after the end of the workweek as liquidated damages. In other words, the employee is owed all amounts paid late as liquidated damages.

How many hours is full time in NY? ›

Generally, Employers define full-time Employees as those who work at least 35-40 hours during a seven-day workweek. Employers may choose to provide benefits, such as paid time off, only to full time Employees.

Who has the highest minimum wage? ›

But if we're getting technical, the northwest state of Washington has the highest minimum wage of any state in the U.S. at $14.49 an hour. Below that is Massachusetts with a $14.25 per hour minimum wage and then California and Connecticut tied with a $14.00 per hour minimum wage.

How much does McDonald's pay in NY? ›

How much does McDonald's in New York pay? The average McDonald's salary ranges from approximately $17,324 per year for Cook to $170,794 per year for Senior Director. Average McDonald's hourly pay ranges from approximately $10.75 per hour for Team Trainer to $21.44 per hour for Tutor.

Which 2 types of employees are exempt from the provisions? ›

Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

Is it better to be exempt or nonexempt? ›

Generally, exempt employees are paid more than nonexempt employees, because they are expected to complete tasks regardless of the hours required to do them. If staying late or coming in early is required to do the job, exempt employees are frequently expected to do just that.

How do you classify a job as exempt or nonexempt? ›

Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)

How many hours do most salaried employees work? ›

How Many Hours a Week Does the Average Salaried Employee Work? While 40 hours of work per week is considered full-time, the average salaried employee does not often exceed 45-50 hours per week.

Is salary better than hourly? ›

The better option between a salary and a wage depends on your own career goals and priorities. A salary may be considered better than a wage for career development and job security. So if that's a priority for you, then a salary position may be better than a wage.

What are the benefits of being salaried employee? ›

Salaried employees enjoy the security of steady paychecks, and they tend to pull in higher overall income than hourly workers. They typically have greater access to benefits packages, bonuses, and paid vacation time. Some companies keep costs down by disallowing hourly employees from working overtime.

What is the longest you can work without a break? ›

You're usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day. 12 hours rest between each working day. 2 rest days per week.

Do you get double pay on Sundays? ›

Sunday working and overtime

If you work on Sundays, you are entitled to a benefit, such as extra pay. This is usually set out in your contract of employment. If you and your employer have not made an agreement about extra pay, then your employer must give you one (or more) of the following: A reasonable allowance.

Can Sunday be last working day? ›

It is not about one day pay. But actually the employee's last day is Saturday OR Friday and we have to consider that only. Even if d employee wants Saturday, instead of Sunday, to be the last working day, it is allowed. Provided the employee has finished handover.

How do you ask how much a job pays hourly? ›

Here are few things for you to do to set up tactful, effective questions about salary or benefits:
  1. Do Your Research. ...
  2. Be Careful About Your Wording. ...
  3. Timing Is Everything. ...
  4. The confident, direct (risky) approach. ...
  5. The broad conversation starter. ...
  6. The conversational, positive ask. ...
  7. Bring it up softly.

What is the difference between hourly and salary? ›

One of the most important is whether you will offer them a salaried or hourly position. Salaried employees are usually paid the same amount each pay period, based on their total salary. An hourly worker, on the other hand, earns a set payment for each hour they work.

How does salary pay work biweekly? ›

Biweekly pay describes when employees are paid every other week on a specific day of the week. For example, if you want to establish a biweekly pay schedule, you might choose to pay your employees every other Friday. Since every calendar year has 52 weeks, this results in a total of 26 paychecks per year.

Are pay stubs required by law in California? ›

Employers must adhere to several strict requirements pertaining to itemized wage statements furnished to California employees. California employees who do not receive pay stubs complying with California law have a wage claim against their employer, entitling them to monetary damages. California employees with wage ...

Are employers required to provide paper pay stubs California? ›

Some states deem access permissible, while others require a physical paystub. California is one of the strictest states when it comes to payroll laws. Under California law, pay statements must be issued in writing and deductions made from wages must be recorded “in ink or other indelible form.”

Is YTD required on paystub? ›

Payroll YTDs are required for record-keeping, calculations of tax obligations, and providing accurate tax documents at the year-end to employees. The reconciliations between the YTD values and the year-end form values must match for the IRS to accept the year-end forms.

Does an employer have to give you a pay stub? ›

There is no federal law that requires employers to provide employees with pay stubs. In legislation, pay stub law falls under the Fair Labor Standards Act (FLSA). Beyond that, employers are subject to state legislation and compliance.

What is an employee pay statement? ›

A wage statement (sometimes called a pay stub) is a document employers give their employees every pay period that explains how their paycheck was calculated.

Is a pay stub and pay statement the same? ›

Your paystub is an earnings statement that includes details on the gross wages you earned for the pay period, the federal and state taxes withheld, MIT Benefits-related deductions, and your net pay. Alternate terms for paystub include pay slip, pay advice, wage slip, or salary statement.

Do salaried employees get paid if they do not work? ›

Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work.

Are timesheets required by law in California? ›

All [nonexempt] employees are required to accurately record hours worked. Unless otherwise notified, employees are required to accurately record their work time through the use of a time card, an electronic time-keeping system or a handwritten record.

Can a company force you to go paperless? ›

Whether or not you can require paperless pay stubs comes down to the state the employee works in. Although most states require pay stubs, some allow electronic access to them, some say that the employee must have the option to print them, and some say you must receive employee consent to go paperless.

How can I make a pay stub for my small business? ›

Make sure you include the following information:
  1. Company name and address.
  2. Employee name, address and Social Security number.
  3. Gross and net earnings.
  4. Hours worked and the hourly rate for the pay period.
  5. Start and end date of the pay period.
  6. Health insurance and other deductions.
  7. Employee contributions.
  8. Taxes withheld.

What is YTD pay slip? ›

Introduction to Year to Date (YTD)

Year to Date is used in reference to determining the period of time from a start date to the current date.

How do I calculate my YTD? ›

To calculate YTD, subtract the starting year value from the current value, divide the result by the starting-year value; multiply by 100 to convert to a percentage.

What is YTD payroll? ›

Year to date: The total amount of pay and deductions from the beginning of the year through the current pay period.

How many pay stubs do I need for a car? ›

Last two recent pay stubs (if you have more than one job, bring the stubs from those as well) Proof of residency (any current utility bill should do, such as water or electric) List of references (not including anyone living in your household)

How do I get pay stubs from employer? ›

Contact your old supervisor or Human Resources department representative, if applicable, at your previous job. Ask whom you should contact for assistance or what steps you need to take to request copies of old pay stubs or payroll records, as well as the amount of time it will take for completion of the request.

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