Notice Requirements Under the New York State Wage Theft Prevention Act Are Now in Effect

Under the New York State Wage Theft Prevention Act, effective February 1, 2012, New York employers are now required to give annual notice to their employees of wage information, including:

•His or her regular rate(s) of pay and overtime rates of pay (if applicable);

•The basis of the employee’s wage rate (i.e. hourly, weekly, salary, commission, other);

•Any allowances claimed against the minimum wage (tip credit, meal credit, lodging allowances, etc.);

•The employer’s principal place of business, and mailing address (if different);

•The employer’s telephone number; and

•Additional employer information, such as the official name of the business and all “doing business as” names.

Employers are also required to obtain signed acknowledgements from each employee which memorialize the employee’s receipt of his or her wage notice.  These signed acknowledgements must be retained by employers for six years. This Notice requirement is an important law with significant penalties for non-compliance.  Any new employee not provided with the notice within 10 business days of his or her start date may bring a claim to recover $50 for each workweek that a violation occurs and may recover up to $2,500, plus attorneys’ fees.  For statutory violations relating to a current employee, the employer may be liable for damages of up to $100 per week and may recover up to $2,500, plus attorneys’ fees. The New York State Department of Labor has prepared a FAQ and sample form notices in English and Spanish.