New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter B - Minimum Wage Orders
Part 143 - REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER
Section 143.5 - Employer personnel records requirements for nonprofitmaking institutions
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 143.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Every such institution must establish, maintain and preserve for not less than six years, records with respect to each individual permitted to work:
(1) as an apprentice;
(2) as a learner;
(3) in an executive, administrative, or
professional capacity;
(4) if the
individual is a student;
(5) as a
staff counselor;
(6) in or for a
summer camp or conference;
(7) if
the work performed is not under any express contract of hire and is incidental
to or in return for charitable aid conferred on such individual;
(8) if the earning capacity of such
individual is impaired by age, physical or mental deficiency or
injury.
(b) These records shall contain the following data:
(1)
the date of commencement of work;
(2) a statement indicating the classification
under which he is permitted to work;
(3) the nature of work performed; and
(i) for an apprentice, a copy of the
apprentice program and agreement;
(ii) for a learner, a statement as to the
nature and extent of the instruction and supervision;
(iii) for an individual permitted to work in
return for charitable aid conferred, a statement as to the dates, nature and
extent of the charitable aid conferred;
(iv) for an individual permitted to work
whose earning capacity for the work to which he is assigned is impaired by age,
physical or mental deficiency or injury:
(a) a
statement as to the age;
(b) a
report from a doctor or other competent authority concerning the nature and
extent of the deficiency or injury;
(c) a statement as to the manner in which,
and extent to which age, deficiency or injury impairs the earning capacity for
the work to which he is assigned.
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