In order to provide consistent, meaningful, and comprehensive guidance and compliance assistance to the broadest number of employers and employees, the Department of Labor will no longer issue opinions on a case-by-case basis.
Instead of individual responses to opinion requests, the Department will generally respond by providing references to statutes, regulations, interpretations and cases without an analysis of the specific facts presented. Those general responses will be posted on Counsel's Frequently Asked Questions page. If it is determined, in the Commissioner's discretion, that guidance on a specific issue is necessary, a letter with new guidelines may be issued.
(The Department will retain all requests for ongoing assessment of what issues need further interpretive guidance.)
Existing opinion letters are still maintained and serve as interpretative guidance absent subsequent guidance providing otherwise.
In connection with the adoption of 12 NYCRR Part 192 governing the Methods of Payment of Wages, which will become effective on March 7, 2017, model templates for written notice and written consent are available. Public comment and feedback was taken on these templates until February 10, 2017. After any changes from such comment and feedback are made, updated templates will be posted prior to the effective date of the rule, along with translations into additional languages specified during the rulemaking process.
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