On April 9, 2011, the Wage Theft Prevention Act (WTPA) went into effect requiring employers to provide written notice to employees about their wages at the time of hire. Each new employee had to sign and date the notice upon receipt. In addition, the Act also required employers to complete this notice annually and have signed by their employees no later than February 1. The notices are required to be completed in the employee’s primary language and English.
Although the annual notice requirement was repealed in 2015, the following describes when such notices should be completed and what should be included:
• 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.
• Official name of the employer and any other names used for the business; and
• Allowances taken as part of the minimum wage (tips, meal and lodging deductions).
These notices also must be provided to current employees if their status changes (from part-time to full-time or exempt to non-exempt) or when there is a decrease in pay. The new notice must be given to the employee at least one week prior to the change taking effect in Payroll. Of specific note, employers in the hospitality industry are required to complete and distribute a new form any time pay rates change.
Forms are available at this site: http://labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm
These records, like all payroll records, need to be kept for six years.
If you have any questions about the Wage Theft Prevention Act, please feel free to contact James Amanatides, SPHR, SHRM-SCP, Assistant Vice President, Human Resources Consulting and Compliance, at Jaeger and Flynn Associates, Inc., at firstname.lastname@example.org, or 518.373.0069 x210.