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New York State Wage Theft Prevention Act Notice Requirement

We write to remind you of your obligation to provide your New York State based employees with a written notice and acknowledgement of pay rate and payday in compliance with the New York State Wage Theft Prevention Act, as detailed below. This written notice must be provided and acknowledged as received, by February 1, 2012.

On December 10, 2010, the New York State Wage Theft Prevention Act (“WTPA) was signed into law, significantly amending the notice requirements of New York Labor Law § 195.1. The WTPA provided, among other things, that a written notice of rates of pay and regular payday be given to employees. Specifically, the WTPA requires that:

  1. The written notice provided to employees must contain certain information including, but not limited to: (1) the employee’s rate or rates of pay (including the overtime rate of pay for non-exempt employees); (2) whether the employee will be paid by the hour, shift, day, week, salary, piece, commission or otherwise; (3) whether the employer will claim any allowances as part of the minimum wage (e.g., tip, meal or lodging allowances); and (4) the employer’s regular pay day.
  2. The written notice must be provided to employees at the time of hire and, on or before February 1st of each subsequent year of the employee’s employment.
  3. The written notice must be provided to the employee in English and in the language identified by each employee as his/her primary language.
  4. The employee must sign written notice acknowledging receipt of the same.
  5. The written notices provided to the employees must be preserved and maintained by the employer for six years.

The penalty for failing to comply with the WTPA is significant, if an employer fails to provide an employee with the above notice within ten business days of the employee’s first day of employment, the employee may be able to recover $50 for each work week during which the violation occurred, or continues to occur, up to a maximum of $2,500 together with attorney’s fees and costs.

To assist with your compliance of the WTPA’s requirements, please review the Notice and Acknowledgement of Pay Rate and Payday from the New York State Department of Labor, the Department of Labor Guidelines for Written Notice of Rates of Pay and Regular Payday, as well as the Wage Theft Prevention Act Frequently Asked Questions (FAQ). You do not have to use the Notices provided by the Department of Labor, so long as the notice you create contains all of the information the WTPA requires.

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

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About this Author

Jonathan Stoler, Labor, Employment Attorney, Sheppard Mullin, law firm
Partner

Jonathan Stoler is a partner in the firm's Labor and Employment practice group.  He is the head of the firm’s labor and employment practice in New York and co-chairs the firm's National Non-Competition and Trade Secrets Team.

Mr. Stoler's practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, non-competition, whistleblower, sexual harassment and related claims.  He regularly...

212-634-3043
James Hays, Legal Specialist, management of labor and employment law
Partner

 Mr. Hays is a partner in the Labor & Employment Practice Group in the firm's New York office and co-chairs the firm's Traditional Labor Law Team.

Areas of Practice

Mr. Hays' practice focuses on management labor and employment law. He represents clients in collective bargaining negotiations, labor arbitrations, and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board. He also represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States.

212-634-3025