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The newly enacted Wage Theft Prevention Act requires New York employers to provide written notices to employees both at the time of hiring and also on or before February 1st of each subsequent year of the employee's employment.  The effective date of the Wage Theft Prevention Act is April 9, 2011.  We previously wrote articles that detail the requirements of the Wage Theft Prevention Act and the penalty provisions of the Wage Theft Prevention Act.

The Wage Theft Prevention Act was not clear as to whether the deadline for providing the annual notifications to existing employees was April 9, 2011 or February 1, 2012.  By opinion letter dated February 22, 2011, the New York State Department of Labor of has now clarified that the annual notification requirement for existing employees is first effective on or before February 1, 2012.  New York employers are therefore not required to provide the annual notifications to existing employees until early 2012. 

While employers are not required to provide the annual notices to existing employees until 2012, the amended notice requirements of the Wage Theft Prevention Act will begin for employees hired on or after April 9, 2012 and to all employees where there is a change in the employee’s rate of pay, pay date or any other information that is required to be in the notices. 

The New York State Department of Labor recently posted templates that may be used by employers for the following pay arrangements:

• Hourly Rate Employees
• Multiple Hourly Rate Employees
• Weekly Rate or a Salary for a Fixed Number of Hours (40 or Fewer in a Week)
• Salary for Varying Hours, Day Rate, Piece Rate, Flat Rate or Other Non-Hourly Pay
• Prevailing Rate and Other Jobs
• Exempt Employees

The Department of Labor has also posted the following guidance documents on its website:

• Instructions for the Model Notice Templates
• Wage Theft Prevention Act Frequently Asked Questions
• Guidelines for Written Notice of Rates of Pay and Regular Payday

If you have any questions about the Wage Theft Prevention Act please contact us at (585) 546.2500

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.