Barclay Damon
Barclay Damon

Legal Alert

Wage Theft Prevention Act Requires Annual Notice by February 1st

The Wage Theft Prevention Act, passed in 2011, requires employers to provide notice to employees regarding their compensation and certain other terms of employment. The notice must be provided at time of hire as well as on or before February 1st of each year and must be given both in English and in the employee's primary language. The notice must include (1) Rate(s) of pay, including overtime; (2) how the employee is paid (e.g. by the hour, salary, piece, commission, or otherwise), (3) tip, meal, lodging or other allowances; (4) the regular payday; (5) the name, address and telephone number of the employer.

The New York Department of Labor offers forms at http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm, or employers may use their own forms that include the required information. Failure to do so could result in fines up to $50 per employee per week of non-compliance, plus costs and reasonable attorneys’ fees.

If you have any questions or require our assistance in preparing the required forms, please contact the Hiscock & Barclay lawyer with whom you normally work or any attorney in our Labor & Employment practice area.