Legal Alert: Exempt or Non-Exempt Employee? The Wrong Response Can Cost You

FordHarrison
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Before February 1, 2012, all New York employers, for the first time, must provide all their employees with written wage notices required under the Wage Theft Prevention Act, and annually thereafter. These written notices, in English and the employee's primary language, must contain certain information, including the employee's rate of pay (including overtime rate of pay for non-exempt employees), the basis of the employee's wage payment (e.g. hourly, weekly, salary, commission, etc.), any allowances against the minimum wage, the employer's regular payday and other employer information, such as any "doing business as" names.

Employees who receive these written notices for the first time will inevitably begin asking questions. Why am I receiving this notice? Why do I have to acknowledge it, in writing? Am I being classified differently than I was previously? Is the information in this notice correct? Am I in fact entitled to overtime even though I receive a salary? Should I show this notice to an attorney or the Department of Labor to make sure it is correct and I am not being shortchanged?

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