News

January 12, 2012 News

Deadline Approaches to Comply With New York’s Wage Theft Prevention Act

New York employers are reminded that, by February 1, 2012, they must be in compliance with the annual notice requirements of New York’s Wage Theft Prevention Act (“WPTA”). 

As we have previously advised, all employers in New York must provide written notice by February 1, 2012 to all current employees setting forth the following information:

  • The basis on which each employee is paid (by the hour, shift, day, week or piece, by salary or commission, or on some other basis);
  • The overtime rate of pay if applicable;
  • Whether the employer intends to claim allowances, such as tips, meals, or lodging against the minimum wage. lodging allowances (these potential allowances are industry-specific); 
  • The employer’s regular payday;
  • The employer's name and any names under which the employer does business;
  • The physical address of the employer's main office or principal place of business and, if different, the employer's mailing address and
  • The employer's telephone number. 

The notice must be provided in the employee's native language, in writing, acknowledged by him or her (in writing) and maintained for six years.  If an employee’s primary language is one for which the New York Department of Labor (“NY DOL”) has prepared a template notice (Chinese, Haitian-Creole, Korean, Polish, Russian and Spanish), then the employer must provide the notice both in English and in such foreign language.  The NY DOL has created template notices for employers, including dual language versions for the foreign languages listed above, that can be accessed at http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm. Employers are free to use their own form so long as it contains all the information required under the WPTA. 

Notices under the WPTA are required (i) at the time of hire, (ii) on annual basis between January 1 and February 1 and (iii) at any time there is a change in the information on the pay notices.

For more detailed information on the requirements for New York employers’ pay stubs for employees as well as the Anti-Retaliation provisions in the WPTA as well as penalties imposed for failure to comply with WPTA requirements, please click here. If you have any questions concerning this bulletin, please contact:

Jeffrey P. Englander                                                          Evan S. Lupion
(212) 735-8720                                                                 (212) 735-8853
jenglander@morrisoncohen.com, or                                   elupion@morrisoncohen.com