An easy, but forgettable, compliance action occurs every January for New York employers – pay rate acknowledgements for current employees. The New York Wage Theft Protection Act [pdf], which took effect on April 9, 2011, requires employers to have all employees in New York sign and date an acknowledgement of the employee’s wage rate by February 1 of each year. The written notice must include:
- Rate or rates of pay, including overtime rate of pay (if applicable);
- How the employee is paid (e.g. hourly, shift, weekly, commission, etc.);
- Regular payday;
- Official name of the employer and other names used for business (i.e. DBA);
- Address and phone number of the employer’s main office or principal location; and
- Allowances taken as part of the minimum wage (e.g. tip, meal and lodging deductions).
The written notice must appear in English and in the employee’s primary language if the New York Department of Labor offers a translation for that language. The Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian. The employee must sign and date the notice and be provided a copy and the employer should place the acknowledgment in the employee’s personnel file. The New York Department of Labor provides sample notices in English and a variety of languages.