New York Consolidated Laws

N.Y. Labor Law § 661 (2026)

Records of employers

✓ current as of May 2026

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§ 661. Records of employers. For all employees covered by this
article, every employer shall establish, maintain, and preserve for not
less than six years contemporaneous, true, and accurate payroll records
showing for each week worked the hours worked, the rate or rates of pay
and basis thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other basis; gross wages; deductions; allowances,
if any, claimed as part of the minimum wage; and net wages for each
employee, plus such other information as the commissioner deems material
and necessary. For all employees who are not exempt from overtime
compensation as established in the commissioner's minimum wage orders or
otherwise provided by New York state law or regulation, the payroll
records must include the regular hourly rate or rates of pay, the
overtime rate or rates of pay, the number of regular hours worked, and
the number of overtime hours worked. For all employees paid a piece
rate, the payroll records shall include the applicable piece rate or
rates of pay and number of pieces completed at each piece rate. On
demand, the employer shall furnish to the commissioner or his duly
authorized representative a sworn statement of the hours worked, rate or
rates of pay and basis thereof, whether paid by the hour, shift, day,
week, salary, piece, commission, or other basis; gross wages;
deductions; and allowances, if any, claimed as part of the minimum wage,
for each employee, plus such other information as the commissioner deems
material and necessary. Every employer shall keep such records open to
inspection by the commissioner or his duly authorized representative at
any reasonable time. Every employer of an employee shall keep a digest
and summary of this article or applicable wage order, which shall be
prepared by the commissioner, posted in a conspicuous place in his
establishment and shall also keep posted such additional copies of said
digest and summary as the commissioner prescribes. Employers shall, on
request, be furnished with copies of this article and of orders, and of
digests and summaries thereof, without charge. Employers shall permit
the commissioner or his duly authorized representative to question
without interference any employee of such employer in a private location
at the place of employment and during working hours in respect to the
wages paid to and the hours worked by such employee or other employees.

Notes of Decisions

Cited in 9 cases (5 in the last 5 years), 2007–2023 · leading case: Rivera v. Ndola Pharmacy Corp., 497 F. Supp. 2d 381 (E.D.N.Y 2007).

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Rivera v. Ndola Pharmacy Corp., 497 F. Supp. 2d 381 (E.D.N.Y 2007). “” N.Y. Lab. Law § 661 (2007). *389 Defendants Ndola Pharmacy, Ndola Holding, K.”

Berrios v. Nicholas Zito Racing Stable, Inc., 849 F. Supp. 2d 372 (E.D.N.Y 2012). “See N.Y. Lab. Law § 661 (requiring employers to establish and maintain payroll records “showing for each week worked the hours worked, the rate or rates of pay and basis thereof’); N.”

Sukhu v. R.A.I.N. Home Attendant Servs., Inc., 2021 NY Slip Op 00098 (N.Y. App. Div. 2021). “" Furthermore, plaintiff does not have a private cause of action under Labor Law § 661 and 12 NYCRR 142-2.6 for their alleged record-keeping violations.”

Matter of Tak Yuet Kong v. Comm'r of Labor, 2023 NY Slip Op 00730 (N.Y. App. Div. 2023). “The IBA properly weighed petitioners' timesheet evidence, which was intended to show their compliance with the record-keeping requirements of Labor Law § 661, and determined that the timesheets were insufficient to show compliance with the requirement that employers keep…”

Matter of Silvar v. Comm'r of Labor of the State of N.Y., 2019 NY Slip Op 5841 (N.Y. App. Div. 2019). · cites it 2× “Respondents, however, are not precluded from recovering $2,000 civil penalties based on violations of Labor Law § 661, which permits assessment for failure to keep accurate payroll records or furnish wage statements.”

Lilya Andryeyeva v. New York Health Care , Adriana Moreno v. Future Care Health Servs. (NY 2019). “at 513 [affirming certification of a class challenging “a de facto policy followed by (a city agency) of delaying the receipt of services as a result of its practices”]; Labor Law § 661; 12 NYCRR 142-2.6 [a] [4] [requiring employers to maintain records of “the number of hours…”

Gonzalez v. D'Alonzo (E.D.N.Y 2022). “Lab. Law § 661 (requiring employers to establish and maintain payroll records “showing for each week worked the hours worked, the rate or rates of pay and basis thereof”); N.”

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