Search form

New York Employers Must Issue First Annual Wage Theft Prevention Act Notice in January 2012

By Felice B. Ekelman, Jeffrey W. Brecher, Richard I. Greenberg, Jonathan M. Kozak, Noel P. Tripp and Craig S. Roberts
  • December 8, 2011

New York’s landmark Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law § 195 (as amended by the Act).  The statute became effective in April 2011 and the first annual notice must be provided prior to February 1, 2012.  The notice obligations are discussed in our article, New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance.  Notice can be provided electronically as long as certain requirements are met.

While the law does not dictate the form of notice, the New York State Department of Labor has provided sample forms.  In addition to English, the NYSDOL has provided sample forms in other languages, consistent with the requirement that the notice be provided in English and in the employee’s “primary language.”  Failure to provide the annual notice constitutes a violation the Wage Theft Act (Section 198(1-b)) and can carry a penalty of “fifty dollars for each work week that the violations occurred or continue to occur,” among other potential remedies.

Large employers, and employers with a large virtual or remote segment in their workforce, have been wrestling with creating a compliant notice program under the Act.  The absence of clear guidance regarding certain provisions and requirements makes this task more difficult.

And for employers who also have operations in California, the state has adopted a law nearly identical to New York’s.  The California Wage Theft Prevention Act, effective January 1, 2012, increases the penalties available under existing provisions of the California Labor Code, and adds a detailed notice requirement to employees, echoing the requirements imposed on New York employers by N.Y. Labor Law § 195.  For more information on the California Wage Theft Prevention Act, see California Enacts Eerily Familiar "Wage Theft Prevention Act".

Jackson Lewis attorneys are available to assist employers with their compliance efforts.

©2011 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

June 15, 2017

Business Group Files Amended Complaint in Lawsuit Challenging Philadelphia Wage History Law

June 15, 2017

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Philadelphia agreed to halt enforcement of... Read More

June 15, 2017

Oregon Enacts Expansive Pay Equity Law

June 15, 2017

The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees. House Bill 2005 also offers key protections and a safe harbor for employers. The majority of the Act’s... Read More

June 13, 2017

New Jersey Legislature Considers Raising Minimum Wage for Subcontractors at Transportation Centers

June 13, 2017

The New Jersey Legislature is considering a bill (S-3226; A-4870) to raise the minimum wage for employees of subcontractors at Newark Liberty International Airport, Newark Penn Station, and the Hoboken Terminal. If the bill passes, the minimum wage for these employees could be as high as $17.98 an hour, which would effectively eliminate... Read More

Related Practices