New York employers will likely have to comply with the annual wage notice requirements of the state’s Wage Theft Prevention Act, even though the provision was amended by the New York legislature earlier this year.
The Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers. It requires New York employers to provide certain wage-related information to employees, including the employee’s rate of pay, how the employee’s pay is calculated, and the employee’s regular payday.
Since its passage, critics have argued that Wage Theft Prevention Act is unduly burdensome for employers. In response, the state legislature amended the law in June. Under the amendment, employers will no longer be required to give written notice of wage rates to all employees by February 1 of each year. However, the notification requirement will still apply to new hires, and the current document retention requirements remain in place.
The bill was supposed to take effect 60 days after Governor Cuomo’s signature. However, as of this date, the Governor has not been presented with the bill for signature. As a result, the amendment is unlikely to take effect prior to February 1, 2015, absent further legislative action.
Accordingly, employers should be prepared to issue the notices. As a reminder, the notice must include:
Rate or rates of pay, including overtime rate of pay (if it applies);
How the employee is paid: by the hour, shift, day, week, commission, etc.;
Regular payday;
Official name of the employer and any other names used for business (DBA);
Address and phone number of the employer’s main office or principal location; and
Allowances taken as part of the minimum wage (tips, meal, and lodging deductions).
In addition, the notice must be given both in English and in the employee’s primary language.
Please check back for updates on this issue as well as other legislation impacting New York and New Jersey employers.
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