Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comAuthor: Dan Brecher|December 12, 2014
The Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers.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:
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.
Counsel
212-286-0747 dbrecher@sh-law.comThe Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers.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:
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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