NY S00677

Employers may rely on commissioner-provided wage notice templates in good faith without liability, and such reliance constitutes an affirmative defense against wage underpayment claims.

Adds affirmative defenses for employers who fail to provide wage notices or pay statements, including: (i) complete and timely wage payment; (ii) good faith belief that notice was not required; (iii) good faith reliance on commissioner templates; or (iv) employee received sufficient tips to meet minimum wage.

Employers establishing any of these affirmative defenses shall not forfeit tip allowances available under law.

Clarifies that nothing in gratuity provisions affects affirmative defenses available under labor law or tip-sharing practices for banquets and special functions.

Commissioner's rules and regulations must remain consistent with and shall not alter the terms and conditions of labor law provisions.