Wage Theft Prevention Act Annual Notice Requirement

On December 29, 2014 Governor Cuomo signed a bill that repealed the Wage Theft Prevention Act annual notice requirement. Essentially, under the New York Wage Theft Prevention Act (WTPA), employers were required to notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. before February 1 of each year -- this was the Wage Theft Prevention Act Annual Notice Requirement. Although the Wage Theft Prevention Act Annual Notice Requirement will no longer be effective as of 2015, employers are still required to provide written notice of wage rates to each new hire at the time of hire. Specially, the written notice must include:

  • Rate or rates of pay, including overtime rate of pay (if it applies)
  • How the employee is paid: by the hour, shift, day, week, commission, etc.
  • Regular payday
  • Official name of the employer and any other names used for business (DBA)
  • Address and phone number of the employer's main office or principal location
  • Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

The repeal of the Wage Theft Prevention Act annual notice requirement is cause for celebration for employers in New York as it eliminates a burdensome administrative requirement!  For more information on the Wage Theft Prevention Act, including the recent amendment, please visit the New York Department of Labor's website.