New York has augmented its already-existing New York Labor Law Section 195 with a more demanding set of requirements contained in the recently enacted Wage Theft Prevention Act (WTPA).
WTPA takes effect on April 12, 2011.
Section 195 had already required employers to inform their employees in writing of their rate of pay, regular pay day, and overtime rate, and further required employers to retain signed acknowledgments from their employees.
Now, under WTPA, additional information will need to be included on the form, such as the basis of the wage payment (hourly, daily, weekly, etc.), the employer's intent to claim any allowances for tips or meals, and general information about the employer (name, address of main office, any DBAs, phone number, and any separate mailing address). The form, which must be issued upon hiring and then again on Feb. 1 of each year in both English and the employee's native language, has to be acknowledged by the employee and retained on file for six years.
WTPA also mandates a statement of overtime pay and how it was calculated with each paycheck that includes overtime pay.