The New York State Department Of Labor Issues Guidelines, Instructions, FAQ's and Model Notices For the Wage Theft Prevention Act

On April 9, the Wage Theft Prevention Act (“WTPA”) will officially take effect. In connection therewith, the New York State Department of Labor (“NYSDOL”) has issued model notices, as well as guidelines, instructions and frequently asked questions (“FAQ’s”), concerning the WTPA’s requirements.

The WTPA was signed into law on December 10, 2010 and significantly amended the notice requirements of New York Labor Law (“NYLL”) section 195.1. The WTPA instructed the Commissioner of Labor to prepare model notices complying with these amendments. These model notices were recently released along with guidelines, instructions and FAQ’s in order to assist employers in implementing the changes required by the WTPA.

The documents released by the NYSDOL mostly track the WTPA’s amendments to section 195.1. However, the NYSDOL has clarified its position with respect to whether an employer’s section 195.1 notices must specify the overtime exemptions that are being applied to exempt employees.

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