GT L&E Blog Global Developments In Labor & Employment Law

CHANGES IN THE LABOR LAW – Wage Theft Prevention Act (WTPA) Notice of Rates of Pay and Regular Payday

Posted in State Law, Wage & Hour

The NY State Department of Labor is requiring all private sector employers to provide notices to employees effective April 9 (this Saturday) relating to wage rates and other payroll information. The information which must be included is listed below. The Department of Labor has created a template notice, which may be used. In addition, the notice must be provided in the employee’s primary language if the Department of Labor has created a template in that language. As of now, templates have been created in English, Spanish, Korean and Chinese; the Department anticipates also creating notices in Creole, Polish and Russian. We can address with you any questions about ascertaining an employee’s "primary" language. The notices must be given upon hire, when there is a change in wage information (with certain exceptions) and annually between January 1 and February 1 (whether there is a change or not). If you have a question about the notice please contact us. You can also check the Department of Labor’s website, which has an FAQ page on it.

Effective April 9, 2011 Section 195.1 of the Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed) and on or before February 1st of each year, notice of the following:

              1.   the employee’s rate or rates of pay

              2.   the overtime rate of pay, if the employee is subject to overtime regulations

              3.   the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)

              4.   any allowances the employer intends to claim as part of the minimum wage including 
                     tip, meal, and lodging allowances

              5.   the regular pay day

              6.   the employer’s name and any names under which the employer does business (DBA)

              7.   the physical address of the employer’s main office or principal place of business and,
                    if different, the employer’s mailing address

              8.   the employer’s telephone number