WTPA Amended: Costly Annual Pay Rate Notice Repealed 12/29/14. Notice at hire still required, penalties increased.
Update: On December 29, 2014, Governor Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. Pending resolution of the amendment's effective date, NYS DOL will not require annual statements in 2015.
Please note, businesses are still required to notify employees as required at the time of hire.
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NY Employers: The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011.
The law requires employers to give written notice of wage rates:
- To each new hire
- To all employees by February 1 of each year
The notice must include:
- Rate or rates of pay, including overtime rate of pay (if it applies)
- How the employee is paid: by the hour, shift, day, week, commission, etc.
- Regular payday
- Official name of the employer and any other names used for business (DBA)
- Address and phone number of the employer's main office or principal location
- Allowances taken as part of the minimum wage (tips, meal and lodging deductions)
The notice must be given both in English and in the employee's primary language (if the Labor Department offers a translation; NY DOL currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian).
NYS DOL provides some sample disclosure formats.
NYS DOL has answered some Frequently Asked Questions.
