• Wage Theft Prevention Act
  • February 2, 2012
  • Law Firm: Hiscock Barclay LLP - Syracuse Office
  • Prior to April 9, 2011, the New York Labor Law required employers to notify all employees, in writing at the time of hire, of their regular rate of pay, regular pay day, and overtime rate of pay if they will be eligible for overtime. Now, under the Wage Theft Prevention Act which went into effect on April 9, 2011, in addition to these requirements, employers must provide new employees with notice of: the basis of their wage payment (i.e. whether paid by the hour, shift, day, week, salary, piece, or commission), the employer’s intent to claim allowances as part of the minimum wage (i.e. tip or meal allowances), and information about the organization (including any “doing business as” names). The Act requires employers to provide the notice in English and in the employee’s primary language and to obtain a signed and dated, written acknowledgment of receipt of the notice from the employee, affirming that it was in the employee’s primary language. The Act tasks the New York State Department of Labor with developing dual-language templates to assist employers in complying with these notice requirements.