Reminder- Deadline for New York Employers is February 1, 2012
This is a reminder that effective April 2011, the New York Wage Theft Prevention Act (“WTPA”) requires employers to annually issue to all New York employees a written notice of the employee’s work conditions, even if the employee has a written agreement in place and there has been no change in the employee’s work conditions. The deadline for issuing such notices in the 2012 calendar year is February 1, 2012.
The notice must include the following information:
- Rate of pay: by hour/shift/day/week/month, commission (if applicable), and whether overtime applies
- Regular payday
- Official name of the employer and any other names used for business
- Address and phone number of the employer’s main office
- Allowances (tips, meal and lodging deductions) taken as part of the minimum wage (if relevant)
Please note that:
- The notice must be written in the employee’s primary language.
- The employee should sign and date the notice, and should be given a copy of the signed and dated notice.
- The employer must retain the original signed notice for a period of 6 years.
The Department of Labor has posted notice forms that may be used for different types of employees. To download forms that are relevant to your New York employees, click on the following link: http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm.
Meira Ferziger is the head of the labor and employment practice at Schwell Wimpfheimer & Associates and has significant experience in drafting policies, agreements, employee handbooks and guidelines in compliance with U.S. federal and state law. Meira functions as an integral part of the day to day operation of corporate clients by counseling them through their employment-related practices and decisions, and also advises clients as to employment issues that arise from corporate transactions, such as restructurings or acquisitions. She can be reached at meira@swalegal.com or at 646 328 0794.
This SWA publication is intended for informational purposes and should not be regarded as legal advice. For more information about the issues included in this publication, please contact Meira Ferziger. The invitation to contact is not to be construed as a solicitation for legal work. Any new attorney/client relationship will be confirmed in writing.
Filed Under: Labor & Employment , Publications
