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The Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers.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.
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Gross Lease vs. Net Lease: Understanding the Key Differences
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
