NYS WAGE THEFT PREVENTION ACT

Changes in the Labor Law – Introducing the Wage Theft Prevention Act (WTPA)

New Law Increases Burdens and Risks For New York State Employers

PRIVATE SECTOR BUSINESSES MUST COMPLETE NOTICE TO EMPLOYEES BY FEBRUARY 1, 2013!!!

 NYS DOL Image

The recently enacted New York State Wage Theft Prevention Act (the “Act”) imposes burdensome new notice and recordkeeping requirements on all New York State employers. The Act also increases penalties for violations of the New York State Labor Law (the “Labor Law”) and related retaliation claims. The Act is effective beginning April 9, 2011.

Please take the time to read the New York State Guidlines, Freqently Ask Questions and the sample forms available for download below:

NYS Wage Theft Prevention Act Guidlines

NYS Wage Theft Prevention FAQ’s

NYS Wage Theft Prevention Act Fact Sheet

Template – Hourly Employee

Template – Salary Employee

Template – Piece rate Employee

Template – Prevailing wage Employee

Template – Exempt Employee

Template – Multiple Rate Employee

Sample – Wage Statement (PayStub) Required Information

Please review all of your current employee, payroll and hiring procedures to make sure you are in compliance with these updated record keeping requirements.  Under prior law, liquidated damages only covered up to 25% of the unpaid wages. Now, the law provides for liquidated damages on up to 100% of the unpaid wages.

FEBRUARY 1, 2013 you must provide each of your employees a notice of payrate and paydays, and you must also have each employee sign an acknowledgement that they received this notice.  This acknowledgement must be kept for six years.

This Notice must also be written in the employee’s native language.  I have only linked above the english versions of these form.  You can go to the NYS website to get several other languages already in template format.

NYS DOL Website

>>>>>>>>>>>Please note these requirements need to be done by the employer, Most Payroll Service companies will NOT be providing this type of service for you, so education yourself to protect your business!!<<<<<<<<<<<<<<<<<<<<<<