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NY DOL Requires More Paperwork – Increases Headache for Employers

The myriad of anti-business legislation in New York continues.  The new Wage Theft Prevention Act (WTPA), which takes effect in April, increases employers’ paperwork obligations and subjects them to greater damages under New York’s wage and hour laws.

Under the new law, an employee can collect back wages plus an equal amount of liquidated damages for improper wage payments.  In fact, officers of limited liability corporations and partnerships will be eligible to be sued for such wage payment violations.  If an employer is found to violate the wage payment laws, it also may be required to post a notice of violation in its business for ninety days.  In addition, the law prohibits retaliation against an employee for complaining of underpayment. 

The statute further requires all employers to inform each new employee in writing of the salary, overtime rate, number of regular hours worked, any meal, tip or lodging allowances, the company’s address and any other business names it uses.  This same information must be provided to all employees at the beginning of each year, starting in January 2012.  Finally, employers will have to place the employee’s pay rate and overtime rate on the employee’s paycheck, and inform the employee in writing if their pay rate changes. 

New York is strapped for funds and is looking for ways to raise revenue.  By insuring employers pay employees properly, the state insures an increase in tax revenue and greater income through penalties for those who do not.  Employers in New York should begin preparing the necessary procedures for complying with this law come April. 

Brody and Associates regularly advises management on complying with state and federal employment laws including wage and hour laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.