Monday, April 4, 2011

The Landscape Changes For New York Employers

On April 9, 2011, the New York Wage Theft Prevention Act (the “WTPA”) takes effect. The new law amends the New York Labor Law in a number of significant respects. Among other things, the WTPA: (a) increases an employer's existing notice and wage statement requirements, including a mandate that an additional notice to employees be issued in accordance with Labor Labor Law Section 195(1) on or before February 1st of each subsequent year of employment; (b) quadruples the amount of liquidated damages an employee or the Commissioner of Labor can recover in an action for unpaid wages; (c) expands the substantive protections and the remedies available to employees under the anti-retaliation provisions of the Labor Law; (d) allows the posting of notices regarding employer violations; (e) imposes new criminal penalties against employers that fail to pay the minimum wage or overtime compensation due; and (f) expands the types of businesses subject to criminal penalties for nonpayment of wages to include partnerships, limited liability companies and the officers and agents of those entities. It is important that New York employers become well-acquainted with the requirements of the WTPA. It is suggested that New York employers contact their attorney for more in-depth information.


Executive Recruiting said...

This is a good news for New York employers I like your post very much you have provide us such a good information.
Thank you for sharing with us.

RANDY L. BRAUN said...

Thanks for the support! I think the Wage Theft Prevention Act has a pro-employee bent and does nothing to help New York employers.

Dominick said...

I understand what you are saying Randy, but I have to disagree on this one with you. I feel in the construction industry that people paying their employees incorrectly is the norm not the exception. It makes it very tough for those of us who do. The one thing I will say is there is enough laws on the books and what the DOL has to do it is just enforce the laws in a more consistent manner.