The NYDOL Issues Model Notices Under And Clarifies The New York Wage Theft Prevention Act


In a recent March 2011 client alert, we advised that the New York State Wage Theft Prevention Act ("WTPA"), which became effective on April 9, 2011, imposes on employers additional notice and record-keeping requirements under the wage and hour provisions of the New York Labor Law and significantly stiffens the civil and criminal penalties for failing to comply with the WTPA and other Labor Law violations. In the alert, we advised that the New York Department of Labor (“NYDOL”) would be issuing notice templates in English and certain foreign languages. The NYDOL has just published some such templates, as well as guidelines and a FAQ sheet, which clarify the WTPA.

As stated in our March 2011 alert, the new hire and annual notices required by the WTPA must be provided to an employee in English and the employee’s primary language (if other than English), provided that the NYDOL has published notice templates in such other language. The new guidelines advise that dual language versions of the notice templates will be issued in Chinese, Haitian-Creole, Korean, Polish, Russian and Spanish. As of April 7, 2011, only Chinese, Korean and Spanish templates have been published.

Please see full alert 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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