As we reported several times over the last two years, New York enacted the Wage Theft Prevention Act (“WTPA”) requiring employers to furnish notices to employees addressing pay, overtime, and other pay-related information. As is the case every year, the annual notice must be distributed to employees between January 1, 2013 and February 1, 2013. If you employ individuals in New York State, or have affiliates and branches in New York that employ individuals, then you must comply with the current notification requirement of the WTPA. All employers should make sure this is handled promptly to avoid potential penalties and fines.
Employers must provide a copy of the notice to the employee, have each employee sign and date the notice, and maintain all notices and acknowledgements for six years. While the law does not dictate the form of notice, the New York State Department of Labor (NYSDOL) has provided sample forms, which we have included in the links below.
Employers who fail to provide the required notices may be liable for damages of up to $50 per week, per employee.