Notice is not required where there is an increase in a wage rate and the new rate is shown on the next Wage Statement. Are You Complying with New York Wage Notice Requirements? Most state wage payment and collection laws require employers to provide employees with reasonable advance notice for any change in the employee’s pay rate, salary, or covered salary hours. The New York State Wage Theft Prevention Act (the "Act") contains stringent new requirements for all New York employers and sets forth stiff penalties for wage, notice and recordkeeping violations. A number of states and some cities require companies to provideemployees with notice of salary or wage reductions and/or notice ofhours reductions within a certain number of days in advance of thereduction or within a certain period following the company'sdecision to take such actions. (This stops at $5,000 … Orchard Park, New York 14127 This would ensure that the employee’s file always contains a current acknowledgment of the appropriate compensation rate. When the information in the notice changed. 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. Click to email this to a friend (Opens in new window), Introduction to the New York Paid Family Leave Program. 4955 Chestnut Ridge Rd., Suite 203 An employer must notify an employee of any change to his or her wage rate at least seven (7) calendar days before the hours are worked at … However, it is important to be sure that you are not treating someone as an independent contractor if they should be considered an employee. In addition to providing the written notice, the employer has to get a copy signed by the employee and retain it for at least six years. The law originally required the notices to be given in three situations: The law was amended in 2015 to no longer require the burdensome annual notice. However, the recommended practice at this time is to provide written notice of the upcoming reduction and be sure to document “read receipt” if the employee cannot execute a signed acknowledgment. Currently, the WPL requires every employer to furnish each employee a statement of deductions from wage for each pay period the deductions are made. Among other things, the law required employers to give specific New York wage notices to their employees. In addition, new notices are required for most changes in the mandatory information. (716) 508-7748, ATTORNEY ADVERTISING – Notice of wage reduction laws address issues such as whether an employer must give an employee notice of an impending wage reduction, how soon before the reduction the notice must be given, and whether the notice of the reduction must be in writing. Required for all employees. Issue a new wage theft notice using applicable model NYS form. However, charter schools, private schools, and not-for-profit corporations are covered, as they are not public entities under the applicable law. Pursuant to New York’s Wage Theft Prevention Act (WTPA), New York employers must provide a “Notice of Pay” form to all employees at the time of hire and upon a change in their rate of pay. Even if you only have one employee who has not received timely notice, the potential penalty could be very costly. It is not necessarily a bad practice to obtain a new signed wage notice even for wage/salary increases. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor. Businesses do not have to give these notices to true independent contractors. This notice requirement does not apply if an employee is asked to work fewer hours or changes to a different position with different duties. These fines are $50.00 per day per employee, unless the employer paid all wages required by law. A number of states and some cities require companies to provide employees with notice of salary or wage reductions and/or notice of hours reductions within a certain number of days in advance of the reduction or within a certain period following the company’s decision to take such actions. Signed documents should remain in the employee’s personal doc center for 6 years from start date. Rate or rates of pay, including overtime rate of pay (if it applies). 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