Reminder: New York Wage Theft Prevention Act Requires Annual Notices for All Employees by February 1, 2013
Authors: Aaron Warshaw (New York City), Allison E. Ianni (New York City)
Published Date: January 29, 2013
The New York Wage Theft Prevention Act requires employers to provide annual wage notices to all employees no later than February 1, 2013. The notice must include: the rate(s) of pay, including the overtime rate, if any; the basis of wage payment (e.g., hour, shift, day, week, piece, etc.); the designated pay day; any tip or meal allowances; the employer’s name and any “doing business as” names; the telephone number and the physical address of the employer’s main office; and the company’s mailing address, if different. The notice also must be provided in the employee’s primary language, as identified by the employee, and if in Spanish, Chinese, Korean, Creole, Polish, or Russian, through a translated notice. In addition to annual notices, employers must provide similar wage notices at the time of hiring and within seven days of a change in any of the data on the notice if not listed on the employee’s pay stub. Template English and non-English forms and a FAQ are available from the New York Department of Labor here.
Note: This article was published in the January 2013 issue of the New York eAuthority.
Aaron Warshaw is an experienced, attorney who represents a diverse array of clients in labor and employment matters. He is one of the founding attorneys of the New York City office. Aaron’s first-chair experience includes representing Fortune 500 companies in single-plaintiff and class-action employment cases. He has actively litigated and appeared in many jurisdictions throughout New York State, including before state courts, federal courts, appellate courts, and administrative agencies....
Allison Ianni is Of Counsel in the New York City office of Ogletree Deakins, where she represents and advises management in all aspects of employment law. Ms. Ianni regularly defends employers against claims of discrimination, harassment, retaliation, and wage and hour violations, in state and federal courts and before administrative agencies and arbitration panels. In particular, she has represented clients in the media, higher education, insurance, hospitality, and consulting industries. Ms....