Human Resource Services News

: : Karen Randle, Director, Human Resource Services
631.923.1595 ext. 334
G.R. Reid Consulting Services, LLC

New York Wage Theft Protection Act

Effective April 9, 2011, this new law gives greater protection to all workers. Private sector employers are required to provide notice to newly hired employees, to employees once a year between January 1 and February 1 beginning in 2012, and within 7 days of any change if not indicated on employees’ pay stub.  While this law only applies to New York employees, it is something that other states should consider.

This act clarifies and expands the Department of Labor’s ability to enforce the Labor Law. It also develops an employee’s ability to bring complaints and private actions for violating the Labor Law and develops any solutions available to the employee.. Additionally, loopholes that may have previously existed regarding what actions constitute prohibited retaliation are eliminated.

In order to implement this law, pay notices have been created by the New York State Department of Labor for use, however employers are not required to use this form. Employers may use their own forms as long as it provides employees with the following information:

• Employee’s rate or rates of pay

• The basis of the employee’s rate or rates of pay (e.g. by the hour, shift, day, week, salary, piece, commission, or other)

• Whether the employer intends to claim allowances as part of the minimum

• The employee’s regular pay day designated by the employer in accordance with the frequency of pay requirements in the Labor Law

• The name of the employer and any "doing business as" names used by the employer

• The physical address of the employer's main office or principal place of business, and a mailing address if different

• The telephone number of the employer

• Any “such other information as the commissioner deems material and necessary.”

These notices must be given in the primary language of the employee and are provided in multiple languages by the Department of Labor.

Those covered by this law includes all exempt, non-exempt, hourly, salaried, union and commissioned employees. An employee many not waive the notice requirement but may refuse to sign the notice. It should be noted in the employee’s file. An electronic notice may be given to the employee however, the employee must acknowledge receipt of the notice and this acknowledgement must be included with the notice. Employers can face penalties from the Department of Labor if proper and timely notice is not given to employees.

Notices must be kept for 6 years and should be available for review if requested by the Department of labor. For more information about the New York Wage Theft Protection Act or details about retaliation, protected activities or penalties related to each, please contact us.