What is the Wage Theft Prevention Act?

The Wage Theft Prevention Act (WTPA) requires employers to give written notice of wage rates to all new hires. The notice must be given in English or in the employee’s primary language (if not English).

Why is this notice required?

The WTPA was put in place to protect workers in the state of NY, ensuring they are properly notified of their wage rate.

How long do employers have to provide notice to new hires?

Within 10 days of date of hire. If not executed within 10 days the client could be subject to fines from the NYDOL.

What are the penalties for not complying?

Non-compliance with providing the notice can result in fines. If proper notice is not given within the first 10 days of a new hire, employers can be assessed damages by the Department of Labor. These fines are $50.00 per day per worker. The maximum amount an individual worker can recover is $5,000.00.

What information is needed?

  1. Rate or rates of pay, including overtime rate of pay (if it applies)
  2. How the employee is paid: by the hour, shift, day, week, commission, etc.
  3. Regular payday
  4. Official name of the employer and any other names used for business (DBA)
  5. Address and phone number of the employer's main office or principal location
  6. Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

What are the steps to get this notice signed and filed in Justworks?

  1. Add your new employee
  2. Download the WTPA document from your company-wide documents
  3. Fill in the requested information
  4. Send to NY employee for signature
  5. Upload completed form to the employee’s personal document center. Given the sensitive nature of this information, please be sure to only upload to document center and share with the specific employee only)

What if I don't see the form I need?

The two forms, salaried and hourly employee forms, are included in your company-wide documents center.  For any other forms, like those in different languages or for salaried employees with varying hours (not 40), please download them directly from the DOL site here.  Once complete, you can upload them to the employee's personal document center.

How long does the form need to be stored?

Signed documents should remain in the employee’s personal doc center for 6 years from start date.

Where can I find more information?

NY DOL Fact Sheet

NY DOL FAQ

Disclaimer

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.

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