Total Articles: 23
New York's Wage Theft Prevention Act Requires Notice to Employees
Executive Summary: On or before February 1, 2012, New York employers must provide notice to employees as required by the state's Wage Theft Prevention Act (WTPA).
Notice Deadline Looming Under NY Wage Theft Protection Act
Employers with operations and employees in New York State should by now be aware that the first notice to all employees regarding their pay status, required by the N.Y. Wage Theft Prevention Act (WTPA), must be given by January 31, 2012, and annually from now on. If you have not given these notices by now, you should have plans to do so before the end of the month. Fisher & Phillips described the requirements imposed by the WTPA in an Alert that was distributed in April 2011.
Exempt or Non-Exempt Employee? The Wrong Response Can Cost You
Mandatory wage notice. Before February 1, 2012, all New York employers, for the first time, must provide all their employees with written wage notices required under the Wage Theft Prevention Act, and annually thereafter. These written notices, in English and the employee's primary language, must contain certain information, including the employee's rate of pay (including overtime rate of pay for non-exempt employees), the basis of the employee's wage payment (e.g. hourly, weekly, salary, commission, etc.), any allowances against the minimum wage, the employer's regular payday and other employer information, such as any "doing business as" names.
New York Employers Must Issue First Annual Wage Theft Prevention Act Notice in January 2012
New York’s landmark Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law § 195 (as amended by the Act). The statute became effective in April 2011 and the first annual notice must be provided prior to February 1, 2012. The notice obligations are discussed in our article, New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance. Notice can be provided electronically as long as certain requirements are met.
UPDATE ON NEW YORK’S WAGE THEFT PREVENTION ACT.
The New York Wage Theft Prevention Act (the “Act”) became effective on April 9, 2011 (not April 12, 2011 as many practitioners previously believed). As discussed in our previous Alert, the Act increases employer obligations regarding notice and recordkeeping of wage information, and penalties for nonpayment and underpayment of wages under the New York Labor Law.
The New York Department of Labor Issues Guidance Concerning the New York Wage Theft Prevention Act
Employers operating within New York state should be aware that the New York Wage Theft Prevention Act (WTPA) has become effective. The new law, which became effective April 9, 2011, imposes notice requirements on employers and imposes enhanced penalties for willful as well as nonwillful violations of the wage-hour laws.
New York Wage Theft Prevention Act Now In Effect
The New York Wage Theft Prevention Act (WTPA), signed into law last December, became effective April 9. The new law imposes on New York employers a variety of more stringent pay notice requirements and increases penalties for violations of wage payment as well as notice and recordkeeping violations. All New York employers will need to ensure that their practices are in compliance.
Forms Released Under NY Wage Theft Prevention Act
On April 1, 2011, eight days before the April 9, 2011 effective date of the New York Wage Theft Prevention Act (WTPA), the New York State Department of Labor (NYDOL) issued long-awaited forms that employers may use to satisfy the enhanced notice requirements that apply to all private employers in New York.
New York Wage Theft Prevention Act Update: State DOL Issues Model Forms and Guidance
The Wage Theft Prevention Act, effective April 9, 2011, applies to all New York employers. It modifies current new hire notification requirements that have been in effect since late 2009, imposes an annual notification requirement, and modifies the information required to be included on pay stubs.
New York Employers Should Act Now to Comply with Requirements of New Wage Theft Prevention Act
On December 13, 2010, Governor David Paterson signed into law the New York Wage Theft Prevention Act, which imposes significant new notice and disclosure requirements on all New York employers. Businesses with operations in New York should begin modifying their payroll practices now to ensure that, as of the April 12, 2011 effective date, they are in compliance with the following requirements:
New "Wage Theft" Law Imposes Greater Wage-Hour Responsibilities on NY Employers
The New York Wage Theft Prevention Act (WTPA), effective April 12, 2011, responds to a popular belief that many New York employers shortchange (or completely fail to pay) their employees overtime wages.1 While not changing the underlying requirements for paying overtime wages, the WTPA imposes very stringent new notice requirements on employers, and enhances penalties for both willful and non-willful violations of the wage-hour laws.
NY Government: Going to California...
We sent out an email blast to our clients with known NY Operations, but I'm reposting it here in case I missed anyone... If you don't care about NY wage and hour law, stop reading. And I mean it.
New York Wage Theft Act Increases Employer Obligations and Penalties for Labor Law Violations.
New York Governor David Paterson has signed into law the Wage Theft Prevention Act. The new law amends the New York Labor Law, creates new recordkeeping obligations for employers and allows employees to recover significantly greater damages for violations of the law. The new law will become effective on or about April 12, 2011.
New York Hospitality Industry Wage Order Effective January 1, 2011.
The New York State Department of Labor has issued its long-awaited final Hospitality Industry Wage Order applicable to hotels and restaurants, among others. The new Wage Order will be effective January 1, 2011. It makes substantial changes to the rules governing payment of wages to employees in the hospitality industry. It should clarify rules applicable to an industry that has been besieged with class action lawsuits for overtime pay and tip misappropriation. The December 15, 2010, final Wage Order is the culmination of nearly two years of administrative proceedings. A Wage Board held numerous public hearings throughout the State and issued recommendations to the Commissioner of the Department of Labor. The Department of Labor issued a Proposed Order on October 20, 2010 (see our article, Proposed Hospitality Industry Wage Order Would Mandate Significant Changes for New York Restaurants and Hotels). The final Wage Order is substantially similar. Highlights of the Wage Order include the following:
New York State Construction Industry Fair Play Act Effective.
Under the New York State Construction Industry Fair Play Act, effective October 26, construction workers are presumed to be employees, and must be treated as employees, as opposed to independent contractors, unless they meet three criteria. The new section to the New York Labor Law takes aim at worker misclassification in the construction industry. After signing the legislation, Governor David Paterson said, Studies have shown that up to 15 percent of New Yorks construction industry is misclassified at any given time. It deprives the government of tax revenue at a time when it is sorely needed and places an unfair burden on law-abiding employers who play by the rules. It often deprives New Yorks workers of crucial benefits such as overtime pay, workers compensation and unemployment insurance. This new law will be a powerful tool that hopefully will clean up this practice once and for all.
Proposed Hospitality Industry Wage Order Would Mandate Significant Changes for New York Restaurants and Hotels
On October 20, 2010, the New York State Department of Labor will submit a consolidated Hospitality Industry Wage Order for publication in the State Register. The Wage Order, if adopted, would impose additional costs on employers while modifying current standards in certain areas such as tip pooling, laundry allowances and spread of hours pay. A 45-day public comment period will follow publication.
New Wage and Hour Provisions Require Employer Action
This Alert describes recent changes to the New York Labor Law of which employers should be aware. Topics include written notice of pay information, the new minimum wage rate, commission arrangements, and enhanced penalties under wage and hour provisions.
New York Employers Should Start Specifying the Applicable Overtime Exemption for New Exempt Hires.
In our previous Alert, dated December 7, 2009, available here, we advised you that the New York State Department of Labor ("DOL") had reversed its previous position requiring that employers use the DOL's Wage Rate and Designated Payday Form (LS 54) for the purposes of providing newly hired employees with a written notice of: (i) their rate of pay; (ii) the overtime rate for non-exempt employees; and (iii) their designated payday, as required by the New York Labor Law. The DOL now has taken the position that employers have the option of using the DOL's forms, creating their own forms or incorporating the necessary information into offer letters and/or employment agreements.
State Labor Department Permits Employers to Develop Their Own New Employee Notification Forms.
On December 2, the New York State Department of Labor (the NYSDOL) reversed
its position requiring employers to use its Form LS-52 to provide written notifi cation
to new employees of their regular and overtime rates of pay, as well as their regular
pay days. Employers may now create their own forms to refl ect the terms of
compensation for new hires, as long as the forms contain all the information required
by the law.
New York Employers Must Provide Written Notice of Pay Rate to New Hires.
Employers in New York State will be required to advise new employees hired on and after October 26, 2009, in writing, of the employee's rate of pay and overtime rate (if eligible for overtime), and the employer's regular pay day.
New Employee Notice Requirements for New York Employers (pdf).
As reported in previous Vedder
Price Labor Law Bulletins, New
York amended its Labor Law
last year to require employers
to provide leave time for
employees who wish to donate
blood and to accommodate
employees who need to
express milk during the work
day. New guidelines issued by
the state Commissioner of
Labor now require affected
employers to give employees
notice of their rights under
these laws, and also limit the
amount of notice an employee
must give of an intention to
exercise his or her right to take
time off for these purposes.
New Yorks Highest Court Addresses Mandatory Service Charges.
According to New York states highest court, under the states wage and hour law, an employer cannot withhold from its employees any portion of a mandatory service charge that is added to a customers bill unless the employer makes it clear to the customer that it is retaining some or all of the charge.
Changes in New York Labor Law Impact Employers.
New York employers should be aware of recent amendments to New Yorks Labor Law that may require them to revise their employment policies and procedures. One significant amendment, which takes effect October 16, 2007, requires employers to put in writing the terms of employment for commissioned salespeople or risk an adverse presumption in any wage action brought against the employer. See Section 191 of the New York Labor Law. This change in the state labor law is part of an effort to address difficulties the New York Department of Labor has experienced in investigating wage payment claims for commissions in the absence of a written agreement detailing the terms of employment.
