The recently enacted New York Wage Theft Prevention Act (WTPA) requires employers to provide the following information to new hires beginning on April 9, 2011:

  • the employee's rate of pay (regular rate and OT rate for non-exempt employees)
  • any allowances claimed as part of the minimum wage
  • the employer's regular pay day
  • the employer's official name, main office address/mailing address, telephone number, and any D/B/As

Beginning on February 1, 2012, employers will be required to provide the above information to all employees on an annual basis.

The New York State Department of Labor (DOL) has issued forms for employers to use to comply with the WTPA. We've attached at the bottom of this advisory the most common forms that you will need. These forms are also available in Spanish, Korean, and Chinese on the DOL's website. You should give an employee a form in one of these languages if it is his primary language. (We anticipate forms in other languages will be forthcoming.)

The WTPA requires employers to keep, for six years, signed acknowledgments for all employees stating that the employer provided the required information. The DOL forms contain an employee acknowledgment section. If you use the attached forms, you should have the employee sign and then keep a copy on file.

One note about the forms: Section 7 of the form recommended for exempt employees provides an option to indicate the applicable exemption. We recommend against identifying the applicable exemption(s), as you don't want to risk locking yourself into a particular exemption in the event that a dispute over exempt status should arise.

Also, you should make sure that your pay stubs contain all the information required by the WTPA:

  • employee's name
  • dates of work covered by the payment
  • employer's name, address, and telephone number
  • regular rate of pay
  • overtime rate of pay
  • regular rate hours worked
  • overtime rate hours worked
  • gross wages
  • deductions
  • allowances
  • net wages