Don't Forget to Ring in the New Year with New York State's Newest Employee "Notification" Requirement

Constangy, Brooks, Smith & Prophete, LLP
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Mark your calendars - the New Year brings new employee notification requirements, courtesy of New York's legislature and its former Governor, David Paterson. The dubiously-named "Wage Theft Prevention Act," which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a "pay notice" at the time of hire and, subsequently, on a yearly basis. The first "yearly" notice period begins January 1, 2012. Thus, employers have from January 1, 2012 through February 1, 2012 to provide a "pay notice" to employees, which must contain the following:

- Rate of pay (including overtime, if applicable)

- Method of payment (hourly, shift, day, week, commission, etc.)

- Regular pay day

- Official name of the employer, and any "d/b/a's"

- Address and phone number of the employer's main office or principal location

- Any allowances taken as part of the employee's wage (for example, tip, meal and lodging deductions).

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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