New York Lawyer's Legal Updates

New York Wage Theft Prevention Act

Author: criminal lawyer Alena Shautsova

New York legislature amended its wage and hour law by the Wage Theft Prevention Act (WTPA) to 1) expand the notice of wage rate requirements that an employer must provide to its employees; 2) strengthen the rights of employees when an employer retaliates against them for taking an action against an employer for wage and hour enforcement; 3) increase the penalties for an employer's violation of wage and hour laws.

Notice

The WTPA requires all employers to give a notice of wage rate and other terms of employment both at the time of hire and on or before February 1 of each year. The employer must obtain from an employee a signed acknowledgment of such notice. In addition, upon employee's request, an employer must provide a written statement of wages. The statement has to show how the wages are calculated; regular and overtime rates of pay; number of regular and overtime hours worked by an employee.

An employer must retain copies the notice, acknowledgment and statements for a period of six years.

Relation

Under the WTPA, an employer may not retaliate against an employee for complaining about the possible violations of the wage and hour law. An example of retaliation is discharge, suspension, transfer, reduction of hours, refusal to provide training.

Damages

The WTPA also increased amount of damages due to an employee who prevails against an employer under for wage and hour violations. It increases the "liquidated damages" from 25% under the previous law to 100% of all the wages found to be due.

Contact Law Office of Alena Shautsova if you have any questions regarding the current compliance with the Labor wage and hour laws! 917-885-2261

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