N.Y. Comp. Codes R. & Regs. tit. 12 § 143.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 143.5 - Employer personnel records requirements for nonprofitmaking institutions

(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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 143.5

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016