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<!–:en–>ATTENTION TO NY STATE EMPLOYERS: FIRST ANNUAL NOTICE UNDER WTPA MUST BE DISTRIBUTED TO EMPLOYEES ON FEBRUARY 1, 2012<!–:–>

January 31, 2012

As most New York employers are aware, the first annual notice to all employees required by the Wage Theft Prevention Act (“WTPA”) must be distributed by February 1, 2012.

The WTPA went into effect on April 9, 2011 and requires that all New York state employers provide a written notice to employees of their rate(s) of pay, designated pay day, the employer’s intent to claim allowances (like tip or meal allowances) as part of the minimum wage, and the basis of wage payment (whether paying by hour, shift, day, week, piece, etc.). The law requires that the notice contain the employer’s “doing business as” names, and that it be provided at the time of hiring, annually on or before February 1st of each year of employment, and within 7 days of a change if the change is not listed on the employee’s pay stub for the following pay period. The notice must be provided in the employee’s primary language, as identified by the employee, through translated notices provided by the Department of Labor.

With the written notice provided, the employer needs to receive an acknowledgement of receipt from each employee. In the case where an employee refuses to sign the acknowledgement of receipt, an employer should note the employee’s refusal on its copy of the notice.

Along with the annual February 1 notice, a notice is also required at the time that an employee is hired.  01.31.2012.