The New York Wage Theft Prevention Act went into effect in April 2011. The Act requires all New York private employers to provide payroll information to their New York employees:
- at the time they are hired, and
- annually thereafter (on or before February 1 of each subsequent year).
The following information is required to be provided to employees. The employer and the employee must both sign the form and return it to the employer:
- The employee’s rate(s) of pay
- The basis of the employee’s rate(s) of pay (e.g., by the hour, shift, day, week, salary, piece, commission, or other)
- Whether the employer intends to claim allowances as part of the minimum wage, including tip, meal, or lodging allowances, and the amount of those allowance
- The employee’s regular pay day designated by the employer in accordance with the frequency of pay requirements in New York Labor Law Section 191
- The name of the employer and any “doing business as” names used by the employer
- The physical address of the employer’s main office or principal place of business, and a mailing address if different
- The telephone number of the employer.
If you want to obtain a sample format of the notice click here
In addition to the above information, the Act provides that every time that an employee is paid; employers must provide each employee with a statement with the following information:
- The dates of work covered by that payment of wages;
- Name of employee;
- Name, address, and phone number of employer;
- Rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other;
- Gross wages;
- Allowances, if any, claimed as part of the minimum wage; and
- Net wages.
The law makes it clear that for all employees who are not exempt from overtime compensation; this payroll statement must include the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked. It also emphasizes that if pay is on a piece rate basis, this payroll statement must include the applicable piece rate or rates of pay and the number of pieces completed at each piece rate.
New York State imposes monetary penalties for noncompliance.
Because these statements are required by New York State labor laws it is important to comply and avoid any penalties that the state could potentially impose.
If you have any questions regarding this matter, please contact your payroll service provider (if applicable), or your tax professional at Janover LLC.