Wage Theft Prevention Act

By Katherine Burdette, Director of Human Resources at HCSWNY

New York’s Wage Theft Prevention Act (which was passed on 04/09/2011) imposes new recordkeeping and notice obligations on New York employers and creates new penalties.

The act requires employers to provide employees with annual written pay notices starting in 2012. The notices must include rates of pay, basis for pay, regular pay day, name of employer, address of employer, and employer phone number. These statements must be given to employees in the month of January each year. The consequences for failing to provide the required notices can be substantial. As a result, compliance is necessary.

Employers must give this wage information statement (before February 1st) to each employee to review and sign. A copy of the signed statement should be given to the employee and the original is to be keep by the employer for a period of six years.

If you are a management/payroll client of HCSWNY, these notices were completed by HCSWNY and forwarded to your practice. It is the employer’s responsibility to make sure the forms are signed by the employee.

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