NY Enacts Employee-Friendly “Wage Theft Prevention Act”

A New York law, known as the “Wage Theft Prevention Act” (and codified at Section 195 of the New York Labor Law) (“WTPA”), recently went into effect.   

The WTPA, among other things, strengthens the Labor Law’s anti-retaliation provision, specifies additional notice requirements, and significantly increases penalties for noncompliance (by, for example, increasing liquidated damages from 25% to 100% of unpaid wages). 

The new notice requirements require all employers, other than governmental agencies, to give employees at the time of hire (before work is performed) and on or before February 1 of each year, notice of the following:

  1. the employee’s rate or rates of pay
  2. the overtime rate of pay, if the employee is subject to overtime regulations
  3. the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)
  4. any allowances the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances
  5. the regular pay day
  6. the employer’s name and any names under which the employer does business (DBA)
  7. the physical address of the employer’s main office or principal place of business and, if different, the employer’s mailing address
  8. the employer’s telephone number

Details concerning the new law can be found on the The New York Department of Labor’s WTPA Fact Sheet.