New York Wage Theft Protection Act

New York Wage Theft Prevention Act form and guidelines. This information applies to all employees working in New York.

January 6, 2012

Dear Valued Client,

Annual Notice Obligation:

This alert serves as a reminder that the New York Wage Theft Prevention Act (the “Act”) requires you to provide annual pay notices to all New York employees (whether full-time or part-time, exempt or non-exempt) between January 1 and February 1, 2012.

As explained in more detail in our previous alert on the Act, the annual pay notice must be:

  1. provided even if the information it contains will not change from previous notices provided;
  2. written in English and in the employee’s primary language, and
  3. maintained for six years.

Further, employers must also obtain acknowledgements from employees affirming that they have received the pay notice.

Failure to provide such notice can result in fines up to $50 per week the violation occurs, per employee.

Your payroll coordinator will be able to provide a listing of all current employees and their latest pay rate in Excel format allowing you to easily automate the form process.

Previous correspondence and the form may be accessed by clicking the buttons below.

NY WTPA Memo 2011 (PDF)
NY WTPA Memo 2012 (PDF)
NY Wage Theft Prevention Form – Exempt Employees (PDF)
NY Wage Theft Prevention Form – Hourly Employees (PDF)