Employment and labor laws comprise some of the most complex and extensive laws, not only in New York but in other states as well. Therefore, it is very critical for you, as an employer, to be cognizant of what laws, whether local or federal, apply to specific employment issues and jurisdictions, especially owing to the ubiquity of an explosion in lawsuits in the U.S., which has been coherent with a public obsession for litigation, a growing lawyer population, and the enactment of new laws and amendments of others.
Under this context, this blog reviews some of the requirements concerning recordkeeping and record retention for employers under the law on “One Day Rest in Seven” (N.Y. Lab. Law § 161(4)), another key employment law in New York, in relation to its applicability to employment issues such as hours worked and right to rest, among others. Accordingly, some of the key elements discussed include applicable statutes of this law, types of records required to be retained by employers, and penalties and citation for failure to comply with requirements for recordkeeping and the retention of records.
However, it is crucial to mention that the information provided herein does not address requirements for the retention of records when a complaint or charge has been filed by an employee under this law. Nonetheless, although the requirements may apply to both public and private employers, the information is intended for the latter.
Types of Records that Must be Retained Pursuant to the Law on “One Day Rest in Seven” (N.Y. Lab. Law § 161(4))
The law on “One Day Rest in Seven” covers some and not all employers in New York. Some of those covered include employers operating certain industries and factories, mercantile establishments, restaurants, and hotels. However, as codified under section 161 of New York State Labor Law, other types of employers may be covered as well.
Accordingly, pursuant to N.Y. Lab. Law § 161(4), some of the records that must be maintained by all covered employers include (1) hours worked on a daily basis by every employer and (2) a time record indicating all employees’ names and addresses.
Duration of Retention Requirements Pursuant to the Law on “One Day Rest in Seven” (N.Y. Lab. Law § 161(4))
There is no applicable provision regarding how long the records mentioned above should be retained by the employer, However, it might be best for the employer to retain the records for a considerable period of time should any issue arise.
Penalties and/or Citations Following Failure to Comply with the Law on “One Day Rest in Seven” (N.Y. Lab. Law § 161(4))
Pursuant to N.Y. Lab. Law § 161(6), employers who violate this law are answerable to the Commissioner of the New York State Labor Law Commission concerning failure to comply. Accordingly, the Commissioner has the power to commence a prosecution in accordance with the law should he/she establish that an employer has failed to comply with the recordkeeping requirements as provided under the law on “One Day Rest in Seven.”
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