Free Ls 59 Form in PDF

Instructions on Writing Ls 59

Filling out the LS 59 form requires attention to detail and a comprehensive understanding of the involved employee's employment terms and conditions, as per the New York State Labor Law. This process ensures both employer and employee have a clear, documented understanding of the employment agreement regarding pay rate, allowances, paydays, and overtime regulations. The procedure outlined below will guide through the necessary steps to complete the form accurately.

1. Under Employer Information, input the official name of the business as well as any Doing Business As (DBA) names in the provided fields. If available, include the Federal Employer Identification Number (FEIN). Fill in both the physical and mailing addresses of the business, ensuring accuracy to prevent any potential mailing issues. Provide the business phone number in the designated space.
2. For the section on Notice given, select the appropriate checkbox to indicate whether the notice was given at the time of hiring or before a change in the pay rate(s), allowances claimed, or payday.
3. In the Employee’s pay rate(s) section, clearly specify the basis of the employee’s pay. This can be an hourly rate, salary, day rate, piece rate, or another basis. Remember, non-hourly rates cannot be applied to non-exempt employees in the Hospitality Industry, with the exception of commissioned salespeople. This distinction is crucial for compliance purposes.
4. Address Allowances taken by marking the applicable options such as tips per hour, meals per meal, lodging, or other. Specify any allowances that the employee is entitled to, which will be deducted from or added to their pay.
5. Indicate the Regular payday by noting the frequency at which the employee will be paid. This ensures the employee has clear expectations regarding the timing of their compensation.
6. Specify the frequency of the pay period in the Pay is section by selecting weekly, bi-weekly, or other, providing explicit detail if another cycle is used.
7. In the Overtime Pay Rate section, note the employee’s overtime pay rate, typically at least 1½ times their regular rate for hours worked over 40 in a workweek. If the employee is exempt from overtime, state the applicable exemption optionally.
8. The Employee Acknowledgement section requires the employee to acknowledge receipt of the notice regarding pay rate, allowances, and payday. The employee must check the relevant box indicating whether the notice was provided in their primary language and if not, the reason. The employee should then print their name, sign, and date the form. Also, the preparer of the form should include their name and title.

Once the form is completed and signed, the employer should provide a signed copy to the employee for their records, keeping the original document for six years as mandated. This document serves as a critical piece in ensuring legal compliance and protecting both parties in the employer-employee relationship.

What is the LS 59 form used for?

The LS 59 form, also known as the Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State Labor Law, serves a crucial purpose. It is used by employers to provide their employees with detailed information about their pay rate, payday, allowances, and, if applicable, overtime pay rate. This form ensures that both parties have a clear understanding of the compensation agreement from the outset or when any changes occur.

When should an employer give the LS 59 form to an employee?

An employer is required to give the LS 59 form to an employee at two key times: at the time of hiring, before the employee has started, and before any changes in pay rate(s), allowances claimed, or payday are implemented. This timely provision helps maintain transparency between the employer and employee regarding compensation arrangements.

Can an employer pay a non-hourly rate to a non-exempt employee in the Hospitality Industry according to the LS 59 form?

According to the LS 59 form guidelines, employers may not pay a non-hourly rate to non-exempt employees in the Hospitality Industry, with the exception of commissioned salespeople. This rule is put in place to protect employees in the industry and ensure they are compensated fairly for their hours worked.

What types of allowances can be taken according to the LS 59 form?

The LS 59 form outlines several types of allowances that an employer can take, including none, tips per hour, meals per meal, lodging, and other. These allowances are part of the total compensation package and must be clearly communicated and agreed upon by both the employer and the employee.

What is the significance of the employee’s acknowledgement on the LS 59 form?

The employee’s acknowledgement section on the LS 59 form is of paramount importance. It serves as a confirmation that the employee has received notice of their pay rate, overtime rate (if eligible), allowances, and designated payday. Additionally, it records the employee’s primary language and their understanding of the notice provided. This acknowledgement is crucial for compliance purposes and to avoid any potential disputes regarding pay.

How long must an employer keep the original signed LS 59 form?

An employer is required to keep the original signed copy of the LS 59 form for a duration of six years. This retention ensures that records of the employment agreement regarding pay, allowances, and payday are preserved for reference in case any issues arise during or after the employment term.

What happens if an employee’s primary language is not English?

If an employee’s primary language is not English, the LS 59 form provides an option to acknowledge that the pay notice has been given in English due to the absence of a Department of Labor form in the employee's primary language. It emphasizes the need for employers to communicate clearly with their employees, even if the state has not yet provided translations in all languages.

What are the consequences for not complying with the LS 59 form requirements?

Failure to comply with the requirements set forth in the LS 59 form can lead to significant legal implications for employers. Non-compliance may result in penalties, fines, and even lawsuits. It’s essential for employers to adhere closely to these regulations to ensure fair treatment of employees and avoid any legal repercussions.

One common mistake made when filling out the LS 59 form is inaccurately reporting the employer's information such as the doing business as (DBA) name(s) or the Federal Employer Identification Number (FEIN). It's vital to ensure that all employer details are thoroughly checked and reported correctly. Errors in this section can lead to significant administrative issues and confusion.

Another frequent oversight occurs in the section regarding notice given, where employers must indicate whether the notice was given at hiring or before a change in pay rate(s), allowances claimed, or payday. Often, employers might overlook this selection, which is crucial for compliance with Section 195.1 of the New York State Labor Law.

Incorrectly specifying the employee’s pay rate(s) is also a common error. The form mandates that employers must clearly state if the pay is based on an hourly, salary, day rate, piece rate, or other basis. Especially in industries like Hospitality, where there are strict regulations regarding non-hourly rates, misclassifying an employee can lead to legal complications.

When it comes to allowances taken such as tips, meals, lodging, or others, employers sometimes fail to accurately document these details. This oversight can result in misunderstandings and disputes regarding the employee's actual earnings and benefits.

Failing to specify the regular payday correctly is another mistake often found on the LS 59 form. Employers must clearly define the frequency of pay, whether it’s weekly, bi-weekly, or another interval. Ambiguity in this section can lead to non-compliance with labor laws regarding payment schedules.

A significant error made by employers relates to misrepresenting the overtime pay rate. The form stipulates that most workers must receive at least 1½ times their regular rate of pay for hours worked over 40 in a workweek. Misidentifying an employee's eligibility for overtime can not only breach state labor laws but also affect the employee's compensation.

Inadequately handling the employee acknowledgement section is another common fault. This crucial part requires the employee to acknowledge receipt of notice concerning pay rate, overtime eligibility, allowances, and payday. Missed or incorrect entries here can lead to legal challenges regarding whether proper notice was given.

Not accurately indicating the employee’s primary language is a frequent misstep. This is important for ensuring the employee fully understands their pay notice. Mistakes in this section can affect the validity of the acknowledgement, especially if the employee is not proficient in English.

Employers sometimes neglect to ensure the employee signature and date are correctly filled in. This oversight can invalidate the document, as the signature is a critical element that confirms the employee's acknowledgment of the terms.

Lastly, a mishap often encountered is the omission of the preparer’s name and title in the form. This information is essential for record-keeping and verification purposes. Without it, it might be challenging to trace who prepared the document in case of discrepancies or questions.

The LS 59 form, titled "Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State Labor Law Notice for Exempt Employees," plays a crucial role in ensuring that employees are fully informed of their pay structure. When preparing employment documentation, it's important to consider other forms and documents that are often used in conjunction with the LS 59 to ensure compliance with labor laws and support transparent employer-employee relationships.

• W-4 Form: This form is used by employers to determine the federal income tax to withhold from employees' paychecks. It is critical for employees to complete this form accurately to prevent under or over withholding of tax.
• I-9 Form: The Employment Eligibility Verification form is required by federal law to verify an employee's identity and eligibility to work in the United States. Employers are required to keep this form on file.
• State Withholding Tax Forms: Similar to the federal W-4, many states have their own versions of withholding tax forms that employees need to complete for state tax withholding purposes.
• Direct Deposit Authorization Form: This form collects employee banking information to set up electronic funds transfer for payroll. It is a convenient method for employees to receive their pay directly into their bank accounts.
• Employee Handbook Acknowledgment Form: Often used to confirm an employee's receipt and understanding of the employer's handbook. This may outline company policies, procedures, and the organizational culture.
• Emergency Contact Information Form: Collects critical information about whom to contact in the case of an emergency involving the employee. This information is essential for the employer to have on file.

Collectively, these forms and documents contribute to a well-organized onboarding process, promoting clarity and understanding between employers and employees from the outset. By maintaining careful and comprehensive documentation, employers not only adhere to legal requirements but also build a foundation of trust and transparency with their employees. When dealing with employment documentation, attention to detail and a thorough approach are paramount in fostering positive and compliant workplace relationships.

The W-4 form, used by employers in the United States to determine the amount of federal income tax to withhold from an employee's paycheck, shares similarities with the LS 59 form. Both documents are crucial at the onset of employment, ensuring compliance with federal and state regulations regarding employee compensation. The W-4, like the LS 59, is filled out by the employee, indicating personal and financial information that impacts their payroll deductions.

Another document resembling the LS 59 form is the I-9 Employment Eligibility Verification form. This form, mandated by federal law, requires employers to verify an employee's eligibility to work in the U.S. While serving different compliance purposes - the I-9 for work authorization and the LS 59 for labor law adherence regarding pay - both forms are integral to the hiring process, ensuring employers fulfill legal responsibilities towards their employees and the government.

The Notice of Hire form, used by some states to inform employees about their employment conditions, closely parallels the LS 59 form. Both documents provide employees with crucial job-related information upon hiring, such as pay rates, payday, and job duties. However, the Notice of Hire form may also include other initial employment details like job expectations and work hours, depending on state-specific requirements.

The Fair Labor Standards Act (FLSA) compliance posters also share a common goal with the LS 59 form. Although one is a document given directly to employees and the other is a poster displayed in the workplace, both serve to inform employees about their rights under labor laws, including minimum wage, overtime pay, and the child labor provisions. These materials are essential for educating employees about their entitlements and ensuring employer compliance with labor standards.

The Employee Handbook, while not a legal document per se, complements the LS 59 form in function. It typically includes detailed information about company policies, compensation, benefit programs, and workplace ethics. Both are designed to clearly communicate employment conditions and expectations, fostering a transparent and informed workforce.

State-specific Minimum Wage posters resemble the LS 59 form by detailing legal requirements regarding employee compensation. While the LS 59 form notifies individual employees of their pay details, Minimum Wage posters publicly announce the statutory minimum pay rates for all to see. Both aim to ensure employees are aware of their rights to fair wages as dictated by law.

Overtime Policy documents within a company could be compared to the LS 59 form as well. These documents outline how overtime pay is calculated and which employees are eligible, directly correlating with the LS 59's section on overtime pay rates. Both play pivotal roles in clarifying compensation guidelines, thereby preventing misunderstandings about pay.

The Benefits Enrollment Form, necessary for new and existing employees intending to avail themselves of company-offered benefits, has parallels with the LS 59 form. It details the terms of participation in different benefit programs, similar to how the LS 59 outlines pay rates and allowances. Both documents ensure employees are fully informed about critical aspects of their employment package.

The Payroll Direct Deposit Authorization form, which employees use to request direct deposit of their paychecks into their bank accounts, shares a procedural similarity with the LS 59 form. By providing important financial information up front, both forms streamline the payroll process, ensuring that employees receive their compensation in an efficient and preferred manner.

Lastly, the Employee Performance Review documents, which provide assessments of employee work performance, could be considered analogous to the LS 59 form in the context of employment documentation. While the performance review focuses on evaluating job execution and setting future goals, the LS 59 form ensures the foundational terms of employment are understood and agreed upon by both parties from the beginning. Both types of documents facilitate clear communication between employers and employees regarding expectations and obligations.

When filling out the LS 59 form, it's crucial to adhere to guidelines that not only ensure compliance with the New York State Labor Law but also protect both the employee and employer from future legal complications. Here is a concise list focusing on what you should and shouldn't do:

Things You Should Do:

1. Ensure all employer information is complete and accurate, including the name, DBA (Doing Business As) names, FEIN (optional), and both physical and mailing addresses, to avoid any misunderstanding or misrepresentation.
2. Clearly indicate the pay notice given, whether at hiring or before a change in pay rate(s), allowances, or payday, to maintain transparency and uphold legal requirements.
3. Specify the employee’s pay rate(s) accurately, stating if the pay is based on an hourly, salary, day rate, piece rate, or other basis, to ensure the employee is informed and agrees to their compensation structure.
4. Include all allowances taken such as tips, meals, lodging, or others, which can affect the total compensation and are essential for full disclosure.
5. Ask the employee to acknowledge receipt of the notice by signing the document, indicating they understand and agree to the terms, which is a critical step for compliance and record-keeping purposes.

Things You Shouldn't Do:

1. Avoid leaving any fields blank that are applicable to your situation, as incomplete forms can lead to legal complications and misunderstandings about employment conditions.
2. Do not pay a non-hourly rate to a non-exempt employee in the Hospitality Industry, except for commissioned salespeople, as this can lead to wage and hour violations.
3. Never forget to state the regular payday, as it's crucial for the employee to know when they can expect to be paid.
4. Do not neglect the requirement to provide the notice in the employee's primary language if available, as failing to do so can lead to issues of understanding and compliance.
5. Avoid keeping the original document for less than 6 years, as retaining employment records is a legal requirement for potential audits or legal actions.

Understanding the LS 59 form, officially known as the "Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State Labor Law Notice for Exempt Employees," can often come with several misconceptions. Here, we clarify some common misunderstandings:

• The LS 59 form is optional for employers: This is a misconception. In New York State, employers are required to provide this form to all exempt employees at the time of hiring, before any changes in pay rates or paydays, ensuring that employees are fully informed about their pay details.

• The form only needs to be in English: While the form should be provided in English, an important aspect to note is that if an employee's primary language is not English and the Department of Labor offers the form in that language, then the employer must provide the form in both English and the employee's primary language.

• Employers can pay non-hourly rates to non-exempt employees in the Hospitality Industry: This is incorrect. The LS 59 form clearly states that employers may not pay a non-hourly rate to non-exempt employees in the Hospitality Industry, with the exception of commissioned salespeople.

• Every employee is entitled to overtime pay: This belief isn't accurate. The form outlines that most workers in New York State must receive at least 1½ times their regular rate of pay for all hours worked over 40 in a workweek, but there are exceptions. Some employees are exempt from overtime under specific exemptions.

• The form is only for new hires: Another common misunderstanding. The LS 59 form must be given not only at the time of hiring but also before any changes in an employee's pay rates, allowances, or payday.

• Once completed, the form doesn't need to be maintained: Actually, this form plays a critical role in compliance with state labor laws. Employers must keep the original form for 6 years, ensuring it's available for review in case of any labor disputes or audits.

Clearing up these misconceptions ensures that both employers and employees understand their rights and responsibilities under New York State's labor laws, promoting a fair and transparent workplace.

Understanding the LS 59 form, also known as the Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State Labor Law, is essential for both employers and employees. Here are key takeaways to guide you through filling out and using this form.

• Accurate Employer Information is Critical: The first section of the LS 59 form requires detailed employer information. This includes the legal name of the business, any Doing Business As (DBA) names, the Federal Employer Identification Number (FEIN), physical and mailing addresses, and contact phone numbers. Ensuring this information is accurate is crucial for legal compliance.
• Timing of Notice: Employers are obligated to provide this notice at the time of hiring, before any changes in pay rates, allowances, or payday schedules. This ensures that employees are always informed of their pay conditions.
• Clarification of Pay Rate: The form requires employers to clearly state the pay rate, whether it’s hourly, salary, day rate, piece rate, or another basis. Importantly, for non-exempt employees in the Hospitality Industry, non-hourly rates are generally prohibited, except for commissioned salespeople.
• Allowances Detailing: If the employer takes allowances for tips, meals, lodging, or others, these must be explicitly listed. This transparency helps employees understand exactly what is included in their compensation package.
• Establishing a Regular Payday: Identifying a regular payday is a key aspect of the LS 59 form. This provides employees with a predictable and clear expectation of when they will be paid.
• Payment Frequency: Employers must clarify whether wages are paid weekly, bi-weekly, or on another schedule, which aids in financial planning for employees.
• Overtime Pay Rate Information: The form requires information on the overtime pay rate, which is typically at least 1½ times the regular rate for hours worked over 40 in a workweek. Employers should also note if the employee is exempt from overtime and under what exemption.
• Employee Acknowledgement: It’s mandatory for employees to acknowledge that they have received and understand their pay rate, overtime eligibility, allowances, and payday schedule. This acknowledgment is crucial for record-keeping and legal purposes.
• Retention Period: Employers must give a signed copy of the LS 59 form to the employee and keep the original for 6 years. This retention requirement supports compliance and provides a paper trail in case of disputes.

Adherence to the guidelines established by the LS 59 form not only complies with New York State Labor Laws but also fosters a transparent and trusting relationship between employers and employees regarding compensation.