• Reminder - New York Employers’ Annual Notice Requirement Under the Wage Theft Prevention Act
  • January 29, 2013 | Author: Aliza F. Herzberg
  • Law Firm: Olshan Frome Wolosky LLP - New York Office
  • Pursuant to the New York Wage Theft Prevention Act (“WTPA”) that went into effect in April 2011, New York employers are required to provide an annual compensation notice to their employees. The deadline for this notice is February 1.

    WHAT YOU NEED TO KNOW

    What is required under the WTPA?

    The WTPA requires employers to provide to their employees a written notice each year regarding the particulars of their compensation and other terms of employment. The notice must be provided to all employees between January 1 and February 1 of each year, regardless of whether they previously received a notice. The notice must be provided in both English and the employee’s primary language.

    Each employee must acknowledge and sign his or her notice. The notice must set forth the following:

    • The employee’s rate of pay;

    • The basis of the individual’s rate or rates of pay (i.e., hourly, shift, daily, weekly, salary, piece, commission, or other);

    • The overtime pay rate, if applicable;

    • Allowances claimed, if any, as part of the minimum wage;

    • The employee’s regular payday;

    • The name of the employer, including any “d/b/a” names;

    • The physical address of the employer’s main office or principal place of business, and a mailing address if different; and

    • The telephone number of the employer.

    Do I have to create my own notice?

    Annual notice templates are available on the New York State Department of Labor’s website at www.labor.ny.gov. As there are multiple templates, be careful to choose the right form for the particular type of employees in your workplace. However, employers are not required to use these forms and may prepare their own forms as long as the information required under the WTPA is provided.

    Do I have to do this every year?

    Yes. Although the State Senate approved a repeal of the annual notice requirement in 2012, the bill was not adopted by the Assembly. So for now, the WTPA annual notice requirement remains in effect. Legislative efforts to repeal the annual notice requirement will likely continue in 2013. We will keep you updated on any changes.