N.Y. Wage Theft Prevention Act Requires Employee Notices in January

By Aaron Warshaw, © Ogletree Deakins Dec 31, 2013

The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees beginning in 2014 no later than Feb. 1. The notice must include the following:

  • The employee’s rate(s) of pay, including the overtime rate, if any.
  • The basis of wage payment (e.g., hour, shift, day, week, piece, etc.).
  • The designated pay day.
  • Any tip or meal allowances.
  • The employer’s name and any “doing business as” names.
  • The telephone number and the physical address of the employer’s main office.
  • The company’s mailing address, if different.

The notice also must be provided in the employee’s primary language, as identified by the employee, and if Spanish, Chinese, Korean, Creole, Polish, or Russian, through a translated notice.

In addition to annual notices, employers must provide similar wage notices at the time of hiring and within seven days of a change in any of the data on the notice if not included on the employee’s pay stub.

Templates of English and non-English forms and a link to a FAQs page are available on the New York State Department of Labor’s website.

Aaron Warshaw is an associate in the New York City office of law firm Ogletree Deakins. This article was originally published in the December 2013 issue of Ogletree Deakins' New York eAuthority.

© 2013 Ogletree Deakins. All rights reserved. Republished with permission.​

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