{"id":38306,"date":"2024-06-04T12:02:18","date_gmt":"2024-06-04T16:02:18","guid":{"rendered":"https:\/\/gtm.com\/household\/?p=38306"},"modified":"2024-06-04T12:06:06","modified_gmt":"2024-06-04T16:06:06","slug":"new-york-wage-theft-prevention-act","status":"publish","type":"post","link":"https:\/\/gtm.com\/household\/new-york-wage-theft-prevention-act\/","title":{"rendered":"What is the New York Wage Theft Prevention Act?"},"content":{"rendered":"
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Any employer should follow the New York Wage Theft Prevention Act, even if it is for only one employee. Recent state labor law updates have put it back on the radar. Here’s what household employers in New York need to know.<\/p><\/div>\n

Created in 2011, the New York Wage Theft Prevention Act (WTPA)<\/a> mandates employers, including families with household help, to give formal written notice of employees’ wages, hourly rates, and any updates to their pay. This act aims to guarantee ethical behavior and a mutual agreement between employees and employers, ensuring no underlying legal issues. It should be followed by any employer, even if it is for only one employee. Recent updates to the state’s labor laws have put the WTPA back on the radar for employers.<\/p>\n

Here’s what household employers in New York need to know.<\/p>\n

What is considered wage theft?<\/h2>\n

Wage theft is not correctly paying employees the correct amount for their services. Keeping track of an employee’s paystub or wage statements is a way of avoiding accidentally committing wage theft. It is crucial to be aware of what is considered wage theft, including:<\/p>\n

Forgetting overtime payment<\/h3>\n

Employees who work more time than their scheduled hours will need to be paid for those hours. An overtime rate of at least time and a half for hours worked over 40 in a workweek should be discussed beforehand, included in a nanny contract<\/a>, and added to an employee’s notice of pay. An employer will face monetary punishment if the employee is not correctly paid for overtime hours or accurate time records are not recorded.<\/p>\n

Pay below minimum wage<\/h3>\n

In New York, the minimum wage varies depending on location and the type of work. Failure to pay an employee minimum wage violates the New York State Theft Prevention Act and is considered a felony.<\/p>\n

Review New York minimum wage rates for your area<\/a>.<\/p>\n

Failure to track an employee’s time<\/h3>\n

As an employer, tracking each employee\u2019s work hours is important. This ensures your employee is paid the correct amount for the number of hours they worked. Failure to record this will increase the risk of incorrect payments. Always have a way of documenting any time an employee is on duty. To make time tracking easy, GTM offers HomePunch, an electronic solution that fully integrates with payroll<\/a> to make timekeeping automated and easy for busy families.<\/p>\n

Here are some additional frequently asked questions about New York Wage Theft Prevention<\/a>.<\/p>\n

What do household employers need to do?<\/h2>\n

A household employer should be prepared by having paperwork and notices of the payment system in the employee’s primary language. Two separate written notices, one for the employee and another copy for the employer, should be provided. To be considered valid, these notices must follow these requirements<\/a>:<\/p>\n