On April 12, 2011, the New York Wage Theft Prevention Act ("the Act") became effective, amending the New York Labor Law and increasing penalties for wage and hour violations. See this firm's December 13, 2010 blog entry for further information on the Act.
In addition to the written notice that must be given to all new employees, beginning in 2012, all private sector employers in New York State will also be required to provide each of their New York employees with an annual notice between January 1st and February 1st of each year.
Similar to the notice to new hires, the annual notice must contain the following information:
· The employee's rate(s) of pay;
· The basis of the employee's rate(s) of pay (e.g. by the hour, shift, day, week, salary, piece, commission, or other);
· Whether the employer intends to claim allowances as part of the minimum wage, including tip, meal, or lodging allowances, and the amount of those allowances;
· The employee's regular pay day designated by the employer in accordance with the frequency of pay requirements in the Labor Law;
· The name of the employer and any "doing business as" names used by the employer;
· The physical address of the employer's main office or principal place of business, and a mailing address if different;
· The telephone number of the employer; and
· Any "such other information as the commissioner deems material and necessary."
Employers are required to provide such notice in English and in the "primary language" of the employee, but only if that primary language is one of the languages in which the New York State Department of Labor ("NYSDOL") has prepared such dual-language forms. Currently, the NYSDOL has prepared dual-language forms in Spanish, Chinese, Korean, Russian, Polish, and Haitian-Creole.
Also significant, the Act creates a private right of action for employees to bring a lawsuit for the failure to comply with the amended notice provisions of the Labor Law, which can result in damages of up to $2,500.00, plus costs and attorneys' fees. If you believe that your employer has neglected to provide you with any of the required notices, it's important to consult with a New York Wage and Hour attorney as soon as possible to preserve all your legal rights.
