Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has Increased

by Epstein Becker & Green
Contact

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum wage rise to $8.75 on December 31, 2014, and to $9.00 on December 31, 2015.

In addition, for the third consecutive year, under New York's Wage Theft Prevention Act ("WTPA") New York employers must issue a written annual wage notice and acknowledgment of pay rate and pay date ("Notice") to all New York employees between January 1 and February 1, 2014. As we previously reported (see, for example, the Act Now Advisory titled "They're Here – New York State Department of Labor Issues Updated 195.1 Templates and WTPA Frequently Asked Questions"), the Notice must contain the following data (current as of the date of the Notice):

  • The rate or rates of pay and basis thereof (whether paid by the hour, shift, day, week, salary, piece commission, etc.);
  • For non-exempt employees, the regular rate and overtime rate of pay;
  • Allowances, if any, claimed as part of the minimum wage (such as tip, meal, or lodging allowances);
  • The regular pay day designated by the employer;
  • The name of the employer (including any "doing business as" names used);
  • The physical address of the employer's main office or physical place of business, and a mailing address, if different; and
  • The employer's telephone number.

There have been no changes to the Notice requirements since the WTPA became effective in April 2011.

Employers must issue the Notice to each employee in English and the "primary language" identified by the employee, if such language has been designated by the New York State Department of Labor ("DOL") for publication of dual-language forms. The dual-language templates are available on the DOL's website in Chinese, Haitian Creole, Korean, Polish, Russian, and Spanish. If the employee identifies another primary language other than one of those listed above, the employer may provide the Notice in English only. The DOL's website provides various Notice templates or employers may choose to use their own forms, so long as such forms comply with the requirements of the WTPA.

Employers should be aware that Notices may be distributed electronically. Such electronic distribution will be deemed permissible so long as the employer complies with certain requirements, such as providing a mechanism for employees to acknowledge receipt. Employees must also have access to review and print the Notice.

Employers should also remember to issue the Notice to all newly hired employees upon commencement of employment. Additionally, an updated Notice must be provided to employees when there are certain changes in their wage rates and/or pay days. Specifically, employers in the hospitality industry must provide employees with a Notice of both increases and decreases in their wage rates. Employers in other industries, however, need only provide employees with a Notice of a reduction of their wage rates, so long as the employer's wage statement complies with the requirements of the WTPA.

For additional information pertaining to the "primary language" requirement and the Notice requirements generally, see the previous Act Now Advisory referenced above.

What Employers Should Do Now

  • Prepare the Notice with sufficient time for delivery to employees on or before February 1, 2014.
  • Provide the Notice to employees in English and the employee's "primary language," as applicable. Review your records to see which primary language was identified by employees in prior years, but provide employees with the option of electing a different primary language, if desired. (Example: "Our records indicate that you have identified Japanese as your primary language. Please contact Human Resources if this information has changed.")
  • Ensure that employees acknowledge the Notices.
  • Once the Notices have been acknowledged by employees, retain copies of the acknowledged Notices for at least six years.
  • Unless exceptions apply, ensure that all employees have been paid at least $8.00 per hour as of December 31, 2013.

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!