Are You a New York Employer?

If you are an employer in New York, you’ve probably heard about the Wage Theft Prevention Act (WTPA) — and if you haven’t, it’s about time you found out about it, seeing as it goes into effect on April 9…

In a nutshell, this act requires employers to give employees written notice of (among lots of other things) their regular rate of pay, their overtime eligibility status and whether the employer is claiming any allowances (such as the tip credit) against the “normal” minimum wage. Employees must receive these written notices when they’re hired, and again in January of every year.

If you’re aware of the new law, but you would like some additional guidance in implementing it, or if you’re just now finding out about it and need to start from scratch setting up your notification program, the New York State Department of Labor has published a handy update with links to PDFs offering sample notification forms, guidelines and instructions, and answers to common questions.

Of course, none of this takes the place of a nice chat with your friendly neighborhood labor law advisor. If you’re a NY employer you should definitely take the time to sit down with your employment law attorney to go over the new law and what you need to do to comply — even if you think you understand all the law’s provisions. When it comes to labor law, you can’t be too careful. The penalties for non-compliance (even inadvertent non-compliance) can be severe.

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