New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter A - General Provisions
Part 308 - Employer Compliance, Enforcement, Record And Report Requirements And Stop-work Orders
Section 308.2 - Calculating cost of compensation
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The cost of compensation shall be calculated as follows:
(b) In the absence of business records sufficient to determine the amount of payroll necessary to calculate the penalty, the amount of payroll shall be determined as follows:
(c) If the Department of Insurance approves per capita premium rates for domestic workers employment classifications then the highest per capita rate will be substituted in place of payroll.
(d) The rates and domestic per capita rates in effect as of the date of penalty will be used for the entire noncompliance period, even if different rates were in effect during an earlier part of that period.