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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 12. Department of Labor |
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Chapter II. Division of Labor Standards |
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Subchapter B. Minimum Wage Orders |
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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 |
Sec. 143.5. Employer personnel records requirements for nonprofitmaking institutions
Latest version.
- (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.