Legal Alert ~ “Wage Theft Prevention Act”

February 07, 2012

This Legal Alert is from the Hiscock & Barclay’s Labor & Employment attorneys and is on the following subject:

“Wage Theft Prevention Act”
To read the entire text on this alert, click on this link: http://www.hblaw.com/pdf/L&EAlert%202-2-12.pdf

Prior to April 9, 2011, the New York Labor Law required employers to notify all employees, in writing at the time of hire, of their regular rate of pay, regular pay day, and overtime rate of pay if they will be eligible for overtime. Now, under the Wage Theft Prevention Act which went into effect on April 9, 2011, in addition to these requirements, employers must provide new employees with notice of: the basis of their wage payment (i.e. whether paid by the hour, shift, day, week, salary, piece, or commission), the employer's intent to claim allowances as part of the minimum wage (i.e. tip or meal allowances), and information about the organization (including any “doing business as” names). The Act requires employers to provide the notice in English and in the employee's primary language and to obtain a signed and dated, written acknowledgment of receipt of the notice from the employee, affirming that it was in the employee's primary language. The Act tasks the New York State Department of Labor with developing dual-language templates to assist employers in complying with these notice requirements.
In addition to providing this notice to employees at the time of hire, the Act requires employers to provide this notice to all employees on or before February 1st each year.

To read the entire text on this alert, click on this link: http://www.hblaw.com/pdf/L&EAlert%202-2-12.pdf 

Laurence B. Oppenheimer
Chair, Labor & Employment Practice Area

Category: ACL Updates