May 26, 2019

May 24, 2019

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New York Employers Relieved of Annual Wage Theft Prevention Act Notice Requirement

New York Governor Andrew M. Cuomo signed legislation (S.5885-B) on December 29, 2014, eliminating New York’s annual wage notice requirement (mandating a written notice of pay rates and other information during the month of January to all employees, regardless of the timing of pay increases or date of hire) codified in New York Labor Law § 195 by the 2011 Wage Theft Prevention Act (WTPA). This change does not modify other notice requirements under the WTPA, New York Department of Labor Wage Orders, or federal law as applicable. 

Employers must notify each new hire as required by the WTPA. The written notice must include the following, with hospitality industry employers subject to modified requirements: 

  • Rate or rates of pay, including overtime rate of pay (if it applies);

  • How the employee is paid (e.g., by the hour, shift, day, week, or commission);

  • Regular payday;

  • Official name of the employer and any other names used for business (i.e., DBA);

  • Address and phone number of the employer’s main office or principal location; and

  • Allowances taken as part of the minimum wage (e.g., tips, meal and lodging deductions).

The notice must be given both in English and in the employee’s primary language (if the state Labor Department offers a translated notice in that language). The Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish, and Russian.

Jackson Lewis P.C. © 2019

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Jeffrey Brecher, Jackson Lewis, Management Arbitration Lawyer, Labor Litigation Attorney
Principal

Jeffrey W. Brecher is a Principal in the Long Island, New York, office of Jackson Lewis, and is Practice Group Leader of the firm's Wage and Hour practice. He has litigated hundreds of cases, defending management at arbitration, before state and federal administrative agencies and at trial.

Mr. Brecher regularly advises clients on compliance with various state and federal laws affecting the workplace, including discrimination and related claims arising under Title VII, Family and Medical Leave Act, Americans with...

631-247-4652
Felice B. Ekelman, Jackson Lewis, compensation disputes lawyer, enforcement of restrictive covenants attorney
Principal

Felice B. Ekelman is a Principal in the New York City, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in 1985, she has been engaged exclusively in the practice of labor and employment law on behalf of management.

Ms. Ekelman has represented employers in federal and state courts, and before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Labor Wage and Hour Division, and other federal, state and city administrative agencies. Her litigation experience includes employment law jury and bench trials and appellate arguments before state and federal courts. She has represented employers in hundreds of employment and labor arbitrations involving commission and compensation disputes, enforcement of restrictive covenants collective bargaining contract interpretation issues and termination disputes.

212-545-4005
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Jonathan Kozak, Jackson Lewis Law Firm, Employment Litigation Attorney
Principal

Jonathan M. Kozak is a Principal in the White Plains, New York, office of Jackson Lewis P.C. He is an employment law litigator, defending employers in a variety of state and federal employment matters in court and before government agencies.

Mr. Kozak has litigated matters before government agencies, and in state and federal courts involving claims of unlawful harassment, discrimination, retaliation, invasion of privacy, breach of contract, and discrimination in places of public accommodations. Mr. Kozak also represents...

914-872-6885
Noel Tripp Principal Employment lawyer at Jackson Lewis Law Firm
Principal

Noel P. Tripp is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis as a summer associate in May 2005, he has practiced exclusively in employment law.

Mr. Tripp has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action...

631-247-0404