New York Wage Theft Prevention Act Now In Effect


The New York Wage Theft Prevention Act (WTPA), signed into law last December, became effective April 9. The new law imposes on New York employers a variety of more stringent pay notice requirements and increases penalties for violations of wage payment as well as notice and recordkeeping violations. All New York employers will need to ensure that their practices are in compliance.

Just over a week before the law’s effective date, the New York Department of Labor (NY DOL) finally issued sample notices, guidelines, and a set of FAQs on the law’s application. The NY DOL’s Guidelines can be found on its website or you may visit here and here. Instructions have also been posted. There are templates for providing notice to new hires and employees. And the NY DOL has provided a set of FAQS.

Here is a prioritized list of actions. Some should be taken now; others can be addressed in due course.

1. Confirm That All Necessary Information Is Being Distributed With Each Paycheck

Most employers utilize a payroll services company to process their employees’ paychecks. These companies, such as Paychex and ADP, will almost certainly have been preparing for the effective date of the WTPA and will know what is required. It would nevertheless be prudent to confirm with your vendor that the information on paycheck stubs that will be distributed in the first pay period after April 9 will include...

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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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