Wage Theft and Labor Standards Law

The Wage Theft Prevention Act (WTPA), which gives protection to workers in New York State, took effect on April 9, 2011. All private sector employers are covered. Federal, state, and local government employers are not covered, but it is important to note that charter schools, private schools, and not-for-profit corporations are covered, as they are not public entities.

View New York State Labor Laws Here.

The Wage Theft Prevention Act requires employers to give written notice of wage rates to each new hire. Employers also must provide a wage statement or pay stub each pay day.

Employers that do not give wage statements may have to pay damages of up to $250 per day, per employee, unless they paid employees all wages required by law. (This stops at $5,000 per employee in civil lawsuits filed by employees.)

The Written Notice of Wage Rates 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.

Wage theft is a violation of the federal Fair Labor Standards Act of 1938.