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December 2022: Reminder: NY WTPA Notices Have To Be Provided Yearly

21 Dec

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Update Applicable to:
All employers in the state of New York.

What happened?
On April 9, 2011, the New York State Wage Theft Prevention Act (WTPA) took effect. Included in the WTPA’s requirements is an employer’s obligation to provide each newly hired employee with written notice of the employee’s pay rate(s).

What are the details?
The notice must also include, among other things, overtime rate(s) of pay for non-exempt employees, allowances taken (if any), how the employee is paid (e.g., by the hour, shift, day, week, commission, etc.), regular payday, and the employer’s official and “doing business as” names, address, and phone number.

The notice must be provided to the employee in English and the employee’s primary language (if the DOL offers a translation in that language).

Per Section 3 (1)(A) of the WTPA

“Section 3 (1)(A) “[notify]  PROVIDE his or her employees, in writing IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY  LANGUAGE OF  SUCH EMPLOYEE, at the time of hiring [of], AND ON OR BEFORE FEBRUARY FIRST OF EACH SUBSEQUENT YEAR OF THE EMPLOYEE’S EMPLOYMENT  WITH THE EMPLOYER…” (A11726 WTPA)”

Penalties for Non-Compliance
Failure to provide proper Notices of Pay Rate may be subject to penalties of up to $5,000 per employee.

Employers are reminded of these Notices of Pay Rate obligations, which remain a focus of DOL audits and investigations and New York State and federal wage and hour litigation.

For more information, please see the links below:

A11726 WTPA

New York Wage Theft Prevention Act (WTPA)

Article

What do employers need to do?
Employers should review the links provided above, provide notice to their employees on or before February first of each subsequent year of the employee’s employment, and conduct self-audits, with the advice of their advisor or counsel, to confirm compliance.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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