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Wage Theft Prevention Act Annual Notice Requirement Remains in Effect

  • December 3, 2012

The Wage Theft Prevention Act (“WTPA”), passed in 2011, requires employers to provide employees with an annual notice regarding 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 if they previously received a notice. Earlier this year, the New York State Senate approved the repeal of the annual WTPA notification requirement, but the bill was not adopted by the Assembly. So for now, the annual notice requirement remains.

The notice must include:

  • Rate or rates of pay, including overtime rate of pay and basis thereof;
  • How the employee is paid, for example, whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or another measure;
  • Allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances;
  • The regular payday;
  • The name of the employer and any DBA names used by the employer;
  • The physical address of the employer's main office or principal place of business and the mailing address if different; and
  • The telephone number of the employer.

The WTPA form must be provided in both English and the Employee’s “primary language.” The New York State Department of Labor (“DOL”) provides a sample annual notification form in English as well as in Spanish, Chinese, Haitian Creole, Korean, Polish and Russian on its website. However, employers are under no obligation to utilize the DOL’s form and may utilize their own form as long as the information required under the statute is provided.

Legislative efforts to repeal the annual notice requirement will likely begin next year. We will keep you updated on any changes.

We will continue to monitor developments and keep readers apprised of any upcoming changes to the state minimum wage law.

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