As previously reported, the New York Wage Theft Prevention Act ("WTPA") requires employers with employees in New York to provide an annual written Notice of Pay Rate to their New York employees between January 1 and February 1 of each year. The notices must be given to all New York employees, including exempt employees such as executives and managers, and are required even if an employee's pay rate has not changed in the past year.
The notices must be provided in English and in any other primary language used by an employee (if the New York State Department of Labor has provided notice templates for that language). Notice templates presently are available in English, Spanish, Chinese, Korean, Polish, Russian and Haitian Creole. Employers must have each employee sign and date the notice, and are required to maintain all notices and employee acknowledgements for six years. Employers who fail to timely provide notices may be assessed damages of up to $50 per week, per employee.
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