Notice of Pay Rate
The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011.
The law requires employers to give written notice of wage rates to each new hire.
The 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.
Sample Pay Notices
The employer may provide its own notice, as long as it includes all of the required information, or use the Department's sample notices.
The WTPA also included other provisions that employers need to know, such as stronger protections for whistleblowers and increased penalties for wage theft.
Employers are strongly encouraged to review the Wage Theft Prevention Act Fact Sheet, and the Wage Theft Prevention Act Frequently Asked Questions.
Pay Notice and Acknowledgement for Farm Workers
New York State Department of Labor Form LS 309 is a blank farm work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire. This agreement must be completed to comply with the Wage Theft Prevention Act.
It should be given to the employee in his or her primary language if that language is available. If the employee's primary language is not available above, then the form should be given to the employee in English.
This form is also available in the following languages:
Wage Statements for Agricultural Employers
New York State Department of Labor Form AL 447 is a blank wage statement. It contains all of the fields that employers of year-round or seasonal workers must provide to document each pay period to comply with the Wage Theft Prevention Act.
New York State Department of Labor Form AL 446 is a sample of a completed wage statement for agricultural workers.