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CHANGES IN THE LABOR LAW - Wage Theft Prevention Act (WTPA) Notice of Rates of Pay and Regular Payday

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WAGE THEFT PREVENTION ACT (WTPA)

Effective April 9, 2011 Section 195.1 of the Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed) and on or before February 1st of each year, notice of the following:

1. the employee's rate or rates of pay
2. the overtime rate of pay, if the employee is subject to overtime regulations
3. the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)
4. any allowances the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances
5. the regular pay day
6. the employer's name and any names under which the employer does business (DBA)
7. the physical address of the employer's main office or principal place of business and, if different, the employer's mailing address
8. the employer's telephone number

Please refer to the LS-52 Guidelines for Written Notice of Rates of Pay and Regular Payday for more information relating to the changes in existing law under the Wage Theft Prevention Act (WTPA). Form LS-52 can be downloaded here. (PDF)

Note: Temporary help firms have specialized guidelines and notice forms, since their employees' rates of pay can vary with each assignment. The guidelines can be downloaded here. (PDF)

Additional Information (PDFs):

Wage Theft Prevention Act Frequently Asked Question

Instructions for Templates for Notice of Pay Rates, Pay Days and Employee Acknowledgement

Links for WTPA Notice Templates (PDFs):

Notice for Hourly Rate Employees

Notice for Multiple Hourly Rate Employees

Notice for Employees Paid a Weekly Rate or a Salary for a Fixed Number of Hours (40 or fewer in a Week)

Notice for Employees Paid Salary for Varying Hours, Day Rate, Piece Rate, Flat Rate or Other Non-Hourly Pay

Notice for Prevailing Rate and Other Jobs

Notice for Exempt Employees