Amendment to New York Wage Theft Prevention Act Removes Annual Notice Requirement
New York State Governor Andrew Cuomo signed into law legislation to repeal the notice provision of the Wage Theft Prevention Act of 2010. Effective January 2, 2015, the law (Chapter 537) removes the notice requirement that, under the previous act, required employers annually to provide employees with a written notice regarding wage information.
The change comes as welcome news to employers in many industries across New York. For example, the Healthcare Association of New York State (HASNY) has, for several years, supported the repeal of this annual notice requirement because it was burdensome to healthcare providers that are among the largest employers in the state.
The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011, and originally required employers to give written notice of wage rates to each employee. While the new law will not require that employers give notice routinely, businesses are still required to notify employees at the time of hire.
Therefore, the law merely requires written notice of wage rates to new hires, and 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
- Allowances taken as part of the minimum wage (tips, meal, and lodging deductions)
The notice must be given both in English and in the employee’s primary language (if the New York State Department of Labor offers a translation). The Labor Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish, and Russian.
For more information about how this may impact your business, please contact:
- Julie P. Apter (716.566.5458; japter@goldbergsegalla.com)
- Caroline J. Berdzik (609.986.1314; cberdzik@goldbergsegalla.com)
- Or another member of the Goldberg Segalla Employment and Labor Practice Group.