The Wage Theft Prevention Act (WTPA), which goes into effect April 9, 2011, amends the notice of wage rate requirements under Section 195 of the Labor Law. The law covers all private sector employers in New York State. For more information go to the New York State Department of Labor website.
Section 195 of the Labor Law requires employers to provide a written notice to employees regarding their rate(s) of pay, designated pay day, the employer’s intent to claim certain allowances as part of the minimum wage (e.g. tips or meal allowances) and the basis of the wage payment (e.g. hour, shift, day, week, piece, etc.). As amended by the WTPA, the wage notice must meet the following requirements:
- The rate or rates of pay, whether paid by the hour, shift, day, week, salary, piece, commission, or other;
- Allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances:
- The regular pay day designated by the employer;
- The name of the employer;
- 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 other information that the Commissioner of Labor deems material and necessary.
- Each time the employer provides such notice to the employee, the employer must obtain from the employee a signed and dated written acknowledgment, in English and in the primary language of the employee, of receipt of the notice. The employer must retain the written acknowledgement for six years. The written acknowledgment must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer and that the notice provided by the employer to the employee was in the language so identified or otherwise complied with the requirements.
- As an additional requirement, for all employees who are not exempt from overtime compensation as established by law and regulations, the notice must state the regular hourly rate and overtime rate of pay.
When an employee identifies a primary language for which a template is not avai