New York State Wage Theft Prevention Act

The NYS Wage Theft Prevention Act, which went into effect on April 9, 2011, requires employers to give written notice to all employees of their wage rates at the time of hire and by February 1 of each year. The notice must include:

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 the wage payment (per hour, per shift, per week, piece rate, commission)
4. any allowance the employer intends to claim as part of the minimum wage including tip, meal and lodging allowances
5. the regular payday
6. the employer’s name and any names under which the employer does business (DBA)
7. the physical address of the employer’s office or principal place of business and, if different, the employer’s mailing address
8. the employer’s telephone number

Employers must provide the notice in English or in the employee’s primary language. and have the employee sign a statement acknowledging receipt of the written notice in English or in the employee’s primary language. Employees must also acknowledge that they have properly identified their primary language to their employer.

The employer must keep the signed and dated notice and acknowledgment for six years on premises as well as provide a copy to the employee.

To assist you in complying with this new law, we have provided a blank template for hourly rate employees in English. Additional templates based on various pay types (hourly, weekly, etc.) and various languages are available at the New York State Department of Labor website.

If you have any questions, please contact our office.

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