Original Date: July 2, 2018
As many of us know, The Wage Theft Prevention Act (WTPA) took effect in New York State on April 9, 2011. The current law requires employers to provide written notice of wage rates to each new hire and requires organizations to provide notice when rates change (demotion, annual increase, COLA’s, career progression, etc.). On December 29, 2014, Governor Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers must notify and receive written acknowledgement from every worker about their rate of pay. Just to clarify, we do not have to do this. The required notices (new hire, wage movement) should be part of our new hire orientation process and potentially the annual review process, to ensure we are providing legal and accurate information to the workforce.
The 7 notices in New York State:
- “Rate or rates of pay, including overtime rate of pay (if it applies)
- How the employee is paid: by the hour, shift, day, week, commission, etc.
- Regular payday
- Official name of the employer and any other names used for business (DBA)
- Address and phone number of the employer’s main office or principal location
- Allowances taken as part of the minimum wage (tips, meal and lodging deductions)”[i]
- Under the New York Wage Theft Protection Act, employers are also required to maintain 6 years of acknowledgements confirming receipt of notification of wages and other information required to be provided by employers under the law.
- Bonus Information: Organizations may provide their own notice, as long as it includes all of the required information. (Offer letter or wage change letter) Must include signatures.
The forms are posted online for employers to use as part of the new hire and change(s) in rate process. However, if the offer letters and change forms check the boxes of the required information by the state, employers do not need to use the forms recommended by the state. We must get a signature on any of the forms used during either process, offer letter or salary increase letter. A copy should be provided to the employee and one for the employer’s records. Also, remember, these forms do change, the most recent form was updated in January of 2017. Monitoring for updates to ensure we are using accurate forms is necessary. During my audits, this has been a form that was not always used or not updated as the state changed the form. It is recommended to audit your records in relation to this form and any other forms required by the local, state or federal government, annually or semiannually. If you are confused, seek guidance, to ensure your organization is providing timely, accurate and legal forms/information to the workforce.
– Matthew Burr, HR Consultant