On December 29, 2014, Governor Andrew Cuomo signed a bill amending New York’s Wage Theft Prevention Act (WTPA). The amendments, which will take effect upon the passage of a chapter amendment, eliminate the requirement that all New York employers provide detailed wage information to every worker before the 1st of February each year. While employers will no longer be required to provide pay notices to their entire workforce, the WTPA’s requirement that pay notices be given to all workers at the time of hire and whenever there is a change to an employee’s rate of pay remain in effect. WTPA pay notices must include the following information:
• Rate or rates of pay, including overtime rate of pay (if it applies)
• How the employee is paid: by the hour, shift, day, week, commission, etc.
• Regular payday
• Official name of the employer and any other names used for business (DBA)
• Address and phone number of the employer’s main office or principal location
• Allowances taken as part of the minimum wage (tips, meal and lodging deductions)
Employers must remain vigilant to ensure compliance with the WTPA. Noncompliant employers are subject to harsh fines and penalties. Employers should consult an attorney if they have questions regarding the recent amendments to the WTPA and current pay notice requirements.