In December, Gov. Andrew Cuomo signed legislation eliminating employers’ obligation to file an annual statement under the Wage Theft Protection Act. The annual statement provided a snapshot of pay rates and to employees each January.
Under the new rules, employers must provide a written notice to each new hire that includes:
- The rate or rates of pay, including overtime
- How the employee is paid (e.g., by the hour, shift, day, week, or commission)
- The regular payday
- The official name of the employer and any other names used for business (i.e., DBA)
- The address and phone number of the employer’s main office or principal location
- Allowances taken as part of the minimum wage (e.g., tips, meal and lodging deductions).
The notice must be given both in English and in the employee’s primary language.
Note: Certain industries including hospitality, have special rules. Talk to your attorney to ensure you are in compliance.