Notice Requirements Under the New York Labor Law's Wage Theft Prevention Act
You work hard to bring home a paycheck, but it is not always easy to know whether your employer has paid you appropriately. There are many different federal and state laws that may apply to an employee’s wages and govern the way that an employer must calculate your pay. The rules can change depending on the industry in which you work, the nature and scope of your duties, and whether you are full-time or part-time. At Phillips & Associates, our wage and hour lawyers have advised many employees across New York City on their options when their rights are violated.Notice Requirements for Workplace Common Areas
According to the New York State Wage Theft Prevention Act, an employer must provide employees with written notice of the wage rates and laws that apply to them. For example, the notice must include information regarding the employee’s rate or rates of pay, including overtime pay if applicable, regular paydays, and information regarding how the employee will be paid. This may be by the hour, week, shift, day, or commission. The notice must provide the official name of the employer and any other names that the employer uses to do business in addition to the employer’s contact information. Any allowances that the employer intends to take as part of the employee’s minimum wages must be specified in the notice, such as tips, meals, and lodging deductions.
If the worker does not speak English as a first language, the employer must provide a notice in the worker’s primary language, which can be obtained from the New York State Department of Labor. The Department provides notice templates for a wide variety of languages, including Spanish, Chinese, Korean, Creole, Polish, and Russian. The notices must be provided at specified intervals, including at the time of hire and during each year between January 1 and February 1. If the employee works seasonally, the notice must be provided as soon as the employee returns to work.
The Wage Theft Prevention Act applies to all private sector employees and excludes federal, state, and local government employees. An employer is prohibited from retaliating against an employee for reporting or questioning the legality of the employer’s payment practices. Additionally, an employee is prohibited from waiving his or her rights regarding the provision of these notices. The employer must retain a copy of each notice for at least six years. A notice can be provided electronically, but the worker must provide some form of acknowledgement that he or she received the notice.Legal Guidance for Wage and Hour Claims in New York City
If your employer has failed to comply with the Wage Theft Prevention Act’s notice requirements, you may be entitled to compensation. At Phillips & Associates, our New York City attorneys are knowledgeable in wage and hour as well as overtime claims. We fight hard for each of our clients and provide them with the attention and compassion that they deserve. Our team of legal professionals can help you collect the evidence you need and investigate your claim. We offer a free consultation, so you have nothing to lose. Call us now at 1-212-248-7431 or contact us online to set up an appointment. We represent individuals from throughout the five boroughs of New York City, including the Bronx, Manhattan, and Brooklyn.
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