Gov. Patterson signs wage theft prevention act

For immediate release - December 20, 2010

For more information, contact Michelle Pedzich at 585-381-8340 ext. 123

On Monday, December 13, 2010, Governor Patterson signed the Wage Theft Prevention Act, which broadens greatly 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 makes significant changes to section 195 of the Labor Law by requiring employers to provide even more information to employees, both upon hire and on or before February 1 of each following year. Required information now includes, among other things: pay rates, basis of pay rate, how the employee will be paid (e.g., hour, shift, week, salary, etc.), any allowances claimed as part of the minimum wage, the regular pay day, and “such other information as the commissioner deems material and necessary.”

While the Act does not take effect until next April, employers should begin reviewing their payroll practices to determine what they will have to change to comply with the new notice and wage statement requirements.

Source: Bond, Schoeneck & King, PLLC

HR Works, Inc., located at 246 Willow Brook Office Park in Fairport (Rochester), New York, is a human resource management outsourcing and consulting firm serving more than 700 clients. HR Works provides benefits administration outsourcing; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; affirmative action programs; compensation programs; training of managers and HR professionals; and HRIS and self-service technology.