As the New Year approaches, New York employers should take time to ensure that they are in compliance with their annual obligations under the state’s Wage Theft Protection Act (the “Act”).
As many employers are aware, the Act applies to all New York employers and sets forth new-hire notification requirements, imposes an annual notification requirement, and modifies the information to be included on pay stubs. An overview of the Act’s requirements can be found here.
The annual notification must be provided to employees between January 1 and February 1 of each year and should contain the following information: (1) the employer’s name and any “doing business as” name; (2) the physical address of the main office or principal place of business of the employer and a mailing address if different; (3) the employer’s telephone number; (4) how the employee is paid (hour, shift, week, etc.); (5) the employee’s rate of pay, regular payday and overtime rate (if applicable); and (6) any allowances taken as part of the minimum wage (tip, meal and lodging deductions). The New York Department of Labor has posted templates of the notices, which can be found here.
The notice must be provided even if the information it contains has not changed from previously provided notices. It must be written in English and in the employee's primary language (if different from English), but only if the Department of Labor has released a notice template in that primary language. Employers must have each employee sign and date the completed notice, and employers must provide a copy to each employee. Employers must also maintain copies of the notice given to each employee for six years.
Failure to comply with the notice requirement can lead to civil liability of up to $2,500 per employee.
If you have any questions about the annual notice requirements please call Lawren Briscoe or any member of the firm’s Employment practice group, at (973) 597 2500. We also would be pleased to assist you with other employment practices and workplace compliance issues.
