NEW YORK EMPLOYER RESPONSIBILITIES UNDER WAGE THEFT PREVENTION ACT IN 2015
December 29, 2014
Carriers with New York-based employees are required to provide annual notifications to those employees between January 1st and February 1st under the “Wage Theft Prevention Act”. Employer notifications must include the following information:
- The employee’s rate or rates of pay;
- The overtime rate of pay, if the employee is subject to overtime regulations;
- The basis of wage payment (per hour, shift or week, piece rate, commission, etc.);
- Any allowances the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances;
- The regular pay day;
- The employer’s name and any names under which the employer does business (DBA);
- The physical address of the employer’s main office or principal place of business and, if different, the employer’s mailing address; and
- The employer’s telephone number.
Each notification must be signed by both the employee and the employer and be retained for six years. Employers that fail to meet these requirements may face lawsuits from employees of up to $2,500, plus attorneys’ fees. Please let us know if you need sample notification forms or require further guidance on New York’s Wage Theft Prevention Act.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).