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Governor Signs Amendments to New York Wage Theft Prevention Act, Eliminating Requirement that Employers Issue Annual Notices to Employees between January 1 and February 1

On December 29, 2014, Governor Andrew Cuomo signed a bill amending the N.Y. Wage Theft Prevention Act (“WTPA”) immediately eliminating the requirement that employers send annual WTPA wage rate and pay date notices to current employees between January 1 and February 1 of each year.  As we have previously reported, amendments to the WTPA were originally passed by the N.Y. Legislature over the summer; however, the Governor’s office did not sign them until now.   The Governor’s signing memorandum makes it clear that the annual notice requirement for employers is eliminated for the 2015 calendar year.

Inner Workings of a Clock

The N.Y. Department of Labor has placed the following statement on the WTPA section of its website:

“On December 29, 2014, Governor Andrew M. Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker    about  their rate of pay, allowances, pay day, etc. According to the signing statement, legislative leaders and the Governor have agreed to a chapter amendment to make the change effective immediately.  Accordingly, given the pending enactment of this chapter amendment, the Department will not require annual statements in 2015.  Please note, businesses are still required to notify employees  as required at the time of hire.”

The remainder of the amendments – including the amendments to increase penalties for violations of the wage payment provisions, the amendment to the limited liability company law to provide for liability for individual members, and the amendments to the N.Y. Finance Law to create a “Wage Theft Prevention Account”  - will take effect February 27, 2015.

© 2019 Proskauer Rose LLP.

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About this Author

Amy F Melican, Employment Law Counseling, Proskauer Law Firm
Associate

Amy F. Melican is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration and Employment Law Counseling & Training Groups.

Amy’s practice concentrates on employment litigation, including class and collective actions, in state and federal courts and before administrative agencies and arbitration panels. In addition to litigation, she conducts internal investigations and trainings for clients. Amy regularly counsels clients, providing advice to employers on issues involving...

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