NYS passes the Wage Theft Prevention Act
On Monday, December 13, 2010, Governor Patterson before leaving office signed the Wage Theft Prevention Act, which broadens the Department of Labor's enforcement powers, imposes new and expanded notification requirements on employers, and increases significantly employers' potential liability for violations of the Labor Law. The act takes effect on April 12, 2011.
Highlights of the Wage Theft Prevention Act include:
- Written pay notices (with extra categories of required information) that must be given to all employees by February 1st of each year (Current regulations in effect require written pay notices to be provided to new hires only);
- Seven-day advance written notice of any pay changes;
- Broader remedies for retaliation against employees who make wage complaints;
- Expanded criminal penalties for violators of the New York Labor Law; and
- Increases in penalties and fines for violations of the New York Labor Law.
The NY Department of Labor has been charged with developing template notices in English and other languages. Whether these templates will be available prior to the new law's effective date is not clear. HR Works, Inc. will communicate additional information regarding the new requirements once the NY Department of Labor issues additional guidance.
