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FEBRUARY 1st NOTICE REQUIREMENTS FOR COMPANIES WITH EMPLOYEES IN NEW YORK

 

If you have employees located in the State of New York, the New York Wage Theft Prevention Act (WTPA) requires that you provide each New York employee, at the time of hire and annually by February 1 of each year, a written notice of the wage rate applicable to that employee. Each notice must include:

 

  • The employee’s rate or rates of pay, including overtime rate of pay (if it applies) 
  • A description of how the employee is paid, e.g., by the hour, shift, day, week, commission, etc.
  • A description of the regular payday 
  • The official name of the employer and any other names used for business (DBA) 
  • The address and phone number of the employer's main office or principal location 
  • A description of any allowances taken as part of the minimum wage (tips, meal and lodging deductions)

 

Employers may provide their own notice, as long as it includes all of the required information, or use the Department's sample notices, available here. Notices must be given both in English and in the employee's primary language (if the Labor Department offers a translation). The Department currently offers translations in Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.

 

The WTPA requires that employers provide a copy of the notice to each employee and have them sign and date the completed notice. Employers must also advise employees of any change to the employee’s status or pay no less than one week before the change takes effect.

 

Failure to provide the required notice may result in damages of up to $50 per week, subject to a $2,500 per employee cap. Visit this link for more information on the WTPA.

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If you have questions about the content of this alert, please contact a member of Oppenheimer’s Labor & Employment Group.


This alert is a copyrighted publication produced by Oppenheimer Wolff & Donnelly LLP. The information contained in this alert is of a general nature and is subject to change. Readers should not act without further inquiry and/or consultation with legal counsel.