The New York State Wage Theft Prevention Act (“WTPA”) requires that by February 1, 2013, employers provide New York employees with written notice and acknowledgment of pay rate and payday. More details after the break.
The WTPA requires:
- The written notice contain the following information: (1) the employee’s rate or rates of pay; (2) the overtime rate of pay, if the employee is subject to overtime regulations; (3) whether the employee will be paid by the hour, day, week, salary, piece, commission or any other basis; (4) whether the employer will claim any amount as part of the minimum wage (tip, meal or lodge allowances, etc.); (5) the employer’s regular payday; (6) the employer’s name and any names under which the employer does business; (7) the physical address of the employer’s main office or principal place of business and, if different, the employer’s mailing address; and (8) the employer’s telephone number.
- 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.
- The written notice must be provided to the employee in English and in the language identified by each employee as his/her primary language.
- Employees must sign an acknowledgment of the notice.
- The written notices provided to employees must be preserved and maintained by the employer for six years.
Employers who fail to give the required annual notice may have to pay damages of up to $50 per employee for each week that the violation continues, up to a maximum of $2,500 per employee.
For more information on the WTPA, see the sample Notice of Acknowledgment of Pay Rate and Payday from the New York State Department of Labor and Guidelines for Written Notice of Rates of Pay and Regular Payday.