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Effective April 9, 2011, the New York Wage Theft Prevention Act (WTPA) expanded employer requirements to notify new hires and current employees of certain wage information and increased sanctions for non-compliance. Specifically, the WTPA requires all private employers to give new employees at the time of hire and to current employees on or before February 1 of each year, written notice of the following:
- the employee’s rate(s) of pay
- the overtime rate of pay, if the employee is subject to overtime regulations
- the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)
- any allowances the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances
- the regular payday
- the employer’s name and any names under which the employer does business (DBA)
- the physical address of the employer’s main office or principal place of business and, if different, the employer’s mailing address
- the employer’s telephone number
The notice must appear in English, as well as in the employee’s primary language. Employees must sign and date the completed notice. Employers must retain the signed notice for a minimum of six years and provide a copy to each employee. The New York State Department of Labor has published sample notices in several languages on its website.
This Alert has been prepared by Sills Cummis & Gross P.C. for informational purposes only and does not constitute advertising or solicitation and should not be used or taken as legal advice. Those seeking legal advice should contact a member of the Firm or legal counsel licensed in their state. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. Confidential information should not be sent to Sills Cummis & Gross without first communicating directly with a member of the Firm about establishing an attorney-client relationship.
Copyright © 2012 Sills Cummis & Gross P.C. All rights reserved.About the Author
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