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The Wage Theft Prevention Act was originally enacted into law in 2011 to protect the rights of low-wage workers.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.
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition
The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance
Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Don’t Overlook the Importance of Business License Management
If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Failing to Comply With NJ Rent Control Exemption May Prove Costly
What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Crypto Securities Law: When Tokens Become Investment Contracts
The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
The Due Diligence Process for NY Condominiums and Cooperatives
While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
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!
