The New York State Wage Theft Prevention Act (the "Act") contains stringent new requirements for all New York employers and sets forth stiff penalties for wage, notice and recordkeeping violations. To avert potential imposition of costly penalties, New York employers must review and update their pay practices by April 9, 2011.

New-hire/Annual Notice Requirements

The Act amends section 195 of the New York Labor Law with new requirements for employers on pay notices and wage statements issued to employees. Under the old law, section 195(1) required employers to notify new employees hired after October 26, 2009, in writing of their: (i) regular pay rate and, if applicable, rate of overtime pay; and (ii) regular pay date. Beginning April 9, 2011, however, the Act requires this written notice to be provided both at the time of hire and to all existing employees on or before February 1 of each subsequent year. The Act also expands the required content of such notice to include...

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