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Changes in the Labor Law -NY Wage Theft Prevention Act (WTPA) Notice of Rates of Pay and Regular Payday

The NY State Department of Labor is requiring all private sector employers to provide notices to employees effective April 9 relating to wage rates and other payroll information. The information which must be included is listed below. The Department of Labor has created a template notice, which may be used. In addition, the notice must be provided in the employee's primary language if the Department of Labor has created a template in that language. As of now, templates have been created in English, Spanish, Korean and Chinese; the Department anticipates also creating notices in Creole, Polish and Russian. 

The notices must be given upon hire, when there is a change in wage information (with certain exceptions) and annually between January 1 and February 1 (whether there is a change or not). If you have a question about the notice please contact us. You can also check the Department of Labor's website, which has an FAQ page on it.

Effective April 9, 2011 Section 195.1 of the Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed) and on or before February 1st of each year, notice of the following:

              1.   the employee’s rate or rates of pay

              2.   the overtime rate of pay, if the employee is subject to overtime regulations

              3.   the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)

              4.   any allowances the employer intends to claim as part of the minimum wage including 
                     tip, meal, and lodging allowances

              5.   the regular pay day

              6.   the employer’s name and any names under which the employer does business (DBA)

              7.   the physical address of the employer’s main office or principal place of business 
                    if different, the employer’s mailing address and, 

              8.   the employer’s telephone number

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume I, Number 112


About this Author

Jerrold Goldberg, Greenberg Traurig Law Firm, Labor and Employment, Real Estate and Education Attorney

Jerrold F. Goldberg practices in the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour laws. Jerry exclusively represents management clients primarily in the real estate and hospitality industries in transactional matters, including commercial and residential building and hotel sales and purchases, administrative...