As part of the Wage Theft Prevention Act (WTPA) of 2011, all employers in New York are required to give written notice of wage rates to all new hires within 10 days of being hired. Previously, employers were required to provide this notice to all employees every year, but in 2014 the annual distribution requirement was removed. The New York State Notice of Pay Rate must include:
- The employee’s rate(s) of pay
- The basis of the employee’s rate(s) 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 wage, including tip, meal, or lodging allowances, and the amount of those allowances
- 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
The notice must be given both in English and in the employee’s primary language (if the New York State Department of Labor has a translation). The Department of Labor currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish, and Russian.
Employers must provide employees with seven calendar days’ advance written notice should any of the information change.
Employers must provide employees with any policies and practices regarding wages and benefits by posting them in a prominent location or providing them in writing to individual employees.
Employers must have each employee sign and date the completed notice. Employers must provide a copy to each employee, whether they are exempt or non-exempt.
In addition, employers should ensure that their employees’ pay stubs contain complete and accurate information to comply with the WTPA. Each employee’s wage statement or pay stub must include:
- Employee’s name
- Employer’s name, address, and phone number
- Dates covered by the payment
- Hours worked (regular and overtime)
- Rate or rates of pay (regular and overtime)
- How the employee is paid: by the hour, shift, day, week, commission, etc.
- Pay at the piece rate must show what rates apply and the number of pieces at each rate
- Employee’s gross and net wages
- Itemized deductions
- Itemized allowances and credits claimed by the employer, if any (tip, meal and lodging allowances or credits)
Employers that do not provide wage statements may be subject to pay damages of up to $100 per week, per employee, unless they paid employees all wages required by law. (This stops at $2,500 per employee in civil lawsuits filed by employees.)
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