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.
Don't Forget to Ring in the New Year with New York State's Newest Employee "Notification" Requirement
Mark your calendars - the New Year brings new employee notification requirements, courtesy of New York's legislature and its former Governor, David Paterson. The dubiously-named "Wage Theft Prevention Act," which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a "pay notice" at the time of hire and, subsequently, on a yearly basis. The first "yearly" notice period begins January 1, 2012. Thus, employers have from January 1, 2012 through February 1, 2012 to provide a "pay notice" to employees, which must contain the following:
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.
Amendment to NYC Human Rgts Law Clarifies Employers' Duty to Accomm Employees' Religious Practices
On August 31, 2011, New York City Mayor Michael
Bloomberg signed into law the Workplace Religious
Freedom Act (WRFA). The WRFA defi nes “undue
hardship” as that term is used in the New York City
Human Rights Law (NYCHRL) in the context of an
employer’s duty to provide a reasonable
accommodation for the religious practices of an
employee or job applicant. The new law, which took
effect when the Mayor signed it, clarifi es that
employers in New York City are more likely to be
required to accommodate an employee or job
applicant’s religious practices under the NYCHRL
than under analogous federal law.
Reminder: NY Employers Now Must Report Whether Health Ins Is Available to Employees' Dependents
Recently, new reporting requirements under the
Low Income Support Obligation and Performance
Improvement Act of 2010 went into effect; they
require all New York employers to report whether
health insurance benefi ts are available to their
employees’ dependents in their quarterly wage
reports. Previously, employers had only to disclose
employees’ names, social security numbers and
gross wages.
The Impact Of New York's Marriage Equality Act On Employee Benefits Plans
This past summer, New York passed its Marriage Equality Act, which generally provides that same-sex couples can legally marry in New York, and that same-sex married couples are to be treated the same as opposite-sex married couples under New York laws. We're reporting on it here because many believe that this law may be a harbinger of what other states may soon consider. Such laws create potential problems for benefits administrators.
New York High Court May Consider Whether Federal Law Claims are Barred by Prior Dismissal for Untimeliness of Similar State Law Claims
The United States Court of Appeals for the Second Circuit has certified to New York’s highest state court, the New York Court of Appeals, this question of first impression: whether a plaintiff is barred from pursuing federal law discrimination claims under Title VII and the Americans with Disabilities Act if a New York state court previously dismissed similar state law claims by the same plaintiff as untimely.
New Reporting Requirements for New York State Employers
Effective July 15, 2011, New York State employers must report whether health insurance benefits are available to the dependents of their employees pursuant to the Low Income Support Obligation and Performance Improvement Act (the “Act”). The Act, which amends New York Tax Code Sections 171-a and 171-h (“Section 171-a” and “Section 171-h”), was enacted in an effort to increase the number of children enrolled in health insurance programs.
