It’s that time of year again. Most New York employers are now familiar with the Wage Theft Prevention Act (“WTPA”), now entering its third year.
The WTPA requires employers to provide notice to all employees of specific information about their rate, method, and timing of pay. The law requires that the notice be provided to employees:
- at the time of hire;
- annually before February 1 of each year of employment, even if the information has not changed; and
- 7 days in advance of any pay rate change (with limited exceptions).
The NYSDOL provides template notices in various languages on its website. The notice must be provided in English and in the employee’s primary language (provided the NYSDOL provides a template in that language). Notice may be provided electronically so long as the employee can acknowledge receipt of the notice and print out a copy. Notices must be retained by the employer for 6 years and made available to the NYSDOL upon request. Penalties for non-compliance with the WTPA can add up quickly, so employers should ensure they are prepared to distribute the wage notices to employees on or before February 1, 2014.