With Wage Theft Protection Act (WTPA) Amendments In Limbo, New York Employers Must Prepare for Another Round of “Those (Annual) Notices”
Despite passage in June by both chambers of the New York State Legislature, legislation repealing the 2011 Wage Theft Prevention Act’s “annual wage notice” has yet to take effect. In fact, as of this writing, Governor Cuomo has not been presented with the bill for signature. Because the legislation only takes effect 60 days after being signed by the Governor, it is highly unlikely that – absent further legislation – the repeal will take effect before February, 2015, and so the annual notice obligation will apply again this coming January. Accordingly, employers must prepare to issue the notices to New York employees in 2015, as they have for the last three years. While there is no private right of action for failure to distribute the annual notice, failure to comply carries Department of Labor penalties on a per employee basis.