PAY RATE NOTICE REQUIREMENTS FOR ALL NEW YORK EMPLOYERS


January 25, 2013

For all of our clients who maintain offices in New York:

By February 1, all New York employers are required by the New York State Wage Theft Prevention Act to provide a written notice regarding specific wage information to each employee. Fines for not following the below listed requirements can be up to $2500 per employee, not including costs and attorney's fees.

Specific information for each employee includes:

1. Rate of pay, including any applicable overtime rates;
2. The unit by which the employee is paid (ex. By the hour, shift, month, etc.);
3. Official name of the employer and any others used in the course of business;
4. Mailing address and physical address and phone number of the employer's main location; and
5. Allowances taken from any minimum wage rates of pay.

This information must be provided at the time of hire, every year between January 1 and February 1 and under certain other specific circumstances. The notice must be provided in English and in the employee's primary language. The employer is also required to keep an acknowledgement form from the employee that they received the notice and retain this acknowledgement for 6 years. Templates for the notice and acknowledgment may be found here: www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm

The attorneys at Danziger Shapiro & Leavitt are available to discuss this and other issues that may affect your business on a day to day basis.