Amendments to the New York Wage Theft Prevention Act (NYWTPA) remove the Annual Pay Notice Requirement

On December 29, 2014, Governor Andrew M. Cuomo signed a bill amending the New York Wage Theft Prevention Act (NYWTPA), eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. According to the signing statement, legislative leaders and the Governor have agreed to a chapter amendment to make this change effective immediately. Accordingly, given the pending enactment of this chapter amendment, the Department will not require annual statements in 2015.

Please note, businesses are still required to notify employees as required at the time of hire.

Employers are also required to provide notice to employees affected by a change in any of the information provided in the pay notice, unless the change is an increase in wages that is reflected in the employee’s wage statement or the employee works in the hospitality industry, for any wage rate change.

Additional amendments include increasing the penalties for failing to provide pay notices as required: a $50 penalty per day the notice is not provided, up to a maximum of $5,000 per employee.  This is an increase from a previous penalty of $50 per week with a maximum of $2,500 per employee.

Please contact Priority One Payroll at 518-363-0600 or via the contact form below if you have questions regarding the anticipated amendments to the New York State Wage Theft Prevention Act or for assistance meeting your obligations under the WTPA.