Understanding NY's Wage Theft Prevention Act | Complete Payroll

The Wage Theft Prevention Act was passed in New York in 2010 and officially took effect on April 9, 2011. Its purpose is to give more protection to workers in New York State.

Overview

The Wage Theft Prevention Act requires employers in New York State to provide written notice of wage rates to each new hire.

According to the New York State Department of Labor, the written notice must include...

• Rate or rates of pay, including overtime rate of pay (if it applies)
• How the employee is paid: by the hour, shift, day, week, commission, etc.
• Regular payday
• Official name of the employer and any other names used for business (DBA)
• Address and phone number of the employer's main office or principal location
• Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

The notice must be given both in English and in the employee's primary language (if the Labor Department offers a translation). The Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.

Click to read the Wage Theft Prevention Act FACT SHEET

How to provide notice

Employers may provide their own written notice, as long as it includes all the required information.

Or they can use the DOL's sample notices. You can find a variety of Wage Theft Prevention Act Forms in a variety of languages here.

Our New York State Employee Onboarding Kit is a free resource that guides employers through all the steps to properly hire and onboard a new employee in New York State - and it includes the standard Wage Theft Protection Act Form.

If you're hiring an employee, or think you might be soon, check out our comprehensive resource page, Employee Onboarding - A Complete Guide. This is a handy, tightly-packaged outline that presents all the critical hiring and onboarding elements in simple, chronological order.