• Wage Theft Statutes and Written Employee Notice Requirements
  • May 22, 2012 | Author: Daniel L. Schwartz
  • Law Firm: Day Pitney LLP - Stamford Office
  • When it comes to hiring and retaining employees, all employers, including nonprofit organizations, must remain aware of increasingly stringent written-notice requirements under various state laws. For instance, the New York Wage Theft Prevention Act ("WTPA"), which took effect April 9, 2011, requires that all employers provide each employee with written notice of (i) the employee's rate of pay (including the overtime rate if the employee is eligible for overtime pay); (ii) how the employee's pay is calculated (i.e., hourly, weekly, commission, etc.); (iii) the dates/schedule on which the employee will be paid (e.g., weekly, biweekly, etc.); (iv) the official name of the employer and any "doing business as" (d/b/a) designations; and (v) the address and phone number of the employer's main office or principal location.

    The WTPA also requires employers to maintain proof that the employee received such written notice, typically through a written acknowledgment of receipt, for six years after the notice is provided to the employee. In addition, the above-described written notice must be provided to all employees on an annual basis between January 1 and February 1 of each calendar year. Failure to comply with the WTPA can have expensive consequences. The New York State Department of Labor has the authority to fine employers between $50 and $100 per week for each employee who has not received the required information, and each such employee can seek individual damages up to $2,500 plus reasonable costs and attorney fees.

    Although New York's WTPA is one of the strictest statutes regarding employee pay notification, many states, including Connecticut, Massachusetts and New Jersey, have similar laws. To learn about the specific employee notice requirements in your jurisdiction, visit your state's Department of Labor website. We have provided links below to the websites for the state departments of labor in New York, Connecticut, Massachusetts and New Jersey.

    New York: http://www.labor.ny.gov/home/
    Connecticut: http://www.ctdol.state.ct.us/
    Massachusetts: http://www.mass.gov/lwd/
    New Jersey: http://lwd.dol.state.nj.us/