New York State Wage Theft Prevention Act

The LS59 for Exempt Employees was updated in May 2023.  The law requires employers to give notice to employees of their wage rates at the time of hire. Now, the WTPA requires employers to give a written notice to each new hire. The notice must include:

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 (tip, meal and lodging deductions).
7. In the past, the notices were in English; now, the notice must appear both in English and in the employee’s primary language (if the Department of Labor offers a translation).
8. Employers must have each employee sign and date the completed notice; employers must provide a copy to each employee.

Also, remember to use the correct Wage Theft Notification Form as well, found on the New York State websites.  There are differences for exempt or nonexempt employees.

Wage Prevention Frequently Asked Questions

Notice of Pay for Hourly Employees

Notice for Exempt Employees

Notice for Employees Paid a Weekly Rate or a Salary for a Fix Number of Hours (40 of Fewer in a Week)

Draft Offer Letter:

“Date:

Employee Name

Address

Dear:

I am pleased to extend you an offer of employment with the Employer Name, Address and Phone Number.  We are excited about the contribution you will make to our organization, working as a ______________.

Following is a summary of our employment offer:

• Title:
• Hire/Effective Date of Salary Change: 
• Manager: 
• Supervisor:
• Employee’s rate of pay: $
• Hours Per Week:
• Weeks Per Year:
• Allowances taken: None
• Pay is: Bi-weekly (On Friday’s)
• Overtime Pay Rate: $     per hour (This must be at least 1½ times the work)
• Notice given at time of hire, promotion, demotion, salary change (Circle One)

This offer is contingent on the following (TBD by the Organization:

• Receipt of your written acceptance, and we reserve the right to withdraw or modify this offer at any time before we receive your written acceptance.
• Successful completion of a routine background investigation.
• Proof of your identity and employment authorization, as required by the U.S. Department of Justice and the Immigration and Naturalization Act.

Your employment with us will be on an “at will” basis, which means that either you or the organization may terminate your employment at any time for any reason, with or without cause.  No employee of the organization has authority to alter your at will employment relationship. Although the Organization does not have any current plans to change its benefits or compensation programs, it reserves the right to change or terminate these benefits, programs and plans at any time. 

Employee Name, I believe this position can be an exciting and fulfilling opportunity for you, and we look forward to having you join the ________ team.  Please feel free to let me know if you have any questions.  I can be reached at XXXX

Sincerely,

To confirm your acceptance of this offer, and agreement of the above, please sign this original letter and return it to the main office within one week of receipt.

Employee Acknowledgement: On this day I have been notified of my pay rate, overtime rate (if eligible), allowances, and designated pay day on the date given below.

I have been given this pay notice/offer letter in English because it is my primary language.

_______________________________________

Print Employee Name

________________________________________                _______________________

Employee Signature                                                               Date

________________________________________                _______________________

Preparer’s Name/Title                                                            Date

The employee must receive a signed copy of this form. The employer must keep the original for 6 years.”

FLSA & Additional NYS Information:

Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)

The 6 exempt level definitions under the FLSA:

1. The Executive Exemption: Primary duties include managing the enterprise, directing the work of at least two or more full-time employees and has the authority to hire and fire employees.  The link(s) goes into specific duties tests on the exemptions.  NY State Law
2. The Administrative Exemption: Primary duties must be the performance of office or non-manual work related to the management of the business and exercising discretion and independent judgement with respect to matters of significance.  NY State Law
3. The Learned Professional Exemption: Primary duties must be the performance of work requiring advanced knowledge, which is predominantly intellectual in character and requires discretion and judgement.
4. Computer Employee Exemption: Primary duties consist of the application of systems analysis techniques, design development, documentation, analysis, creation, modification of computer systems and designing, testing or modifying computer programs.  This exemption is complex, ensure you read through the FLSA definition prior to deciding and thoroughly understand the duties test. 
5. The Outside Sales Exemption:  Primary duties must include making sales, obtaining orders or contracts.  The employee must be regularly engaged away from the employer’s place of business. 
6. The Highly Compensated Employees Exemption: Perform office or non-manual work and paid total annual compensation of $100,000 or more.  They regularly perform at least one of the duties of an exempt executive, administrative or learned professional identified in the standard tests of exemption.
7. Other Definitions:                   Blue Collar Worker

Police Officers, Fire Fighters and First Responders