As we reported in a Duane
Morris Alert last March, all New York employers are required to provide
all employees by February 1, 2012, a written notice containing specific
information about the employee's wages. The required information must be
provided at the time of hire, annually between January 1 and February 1 of each
year, and within seven days of any change not listed on the employee's pay
stub. The New York Department of Labor (NYDOL) takes the position that for any
reduction in wage rate, the employer is required to notify the employee in
writing prior to implementation of the reduction.
The notice must include:
Employers must provide the notice and acknowledgment in
English and, if applicable, also in the language identified by an employee as
his or her primary language (if the NYDOL provides a template in the employee's
primary language). The NYDOL's website provides templates for the notice in
English, Spanish, Chinese, Korean, Creole, Polish and Russian, available at http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm.
If no template is available in the employee's primary language, the employer
may provide the notice in English only. Employers are required to obtain a
signed and dated written acknowledgement from the employee confirming receipt,
which must be maintained by the employer for six years, and provide a copy to
The New York State Wage Theft Prevention Act also
requires employers to provide employees every pay period a wage statement that
includes the information set forth above and also the:
What This Means for Employers
Employers that do not provide required notices or wage
statements may be liable for respective damages of $50 per week and $100 per
week per employee, up to $2,500 for each, together with costs and attorneys'
fees, subject to certain affirmative defenses.
For Further Information
If you have any questions about this Alert, please
contact any of the attorneys
in our Employment,
Labor, Benefits and Immigration Practice Group or the attorney in the firm
with whom you are regularly in contact.
legal alerts and updates at the Duane Morris website
Alert has been prepared and published for informational purposes only and is
not offered, or should be construed, as legal advice. For more information,
please see the firm's full disclaimer.
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