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NY Employers HR Legal Compliance Requirements: Annual Wage Theft Prevention Act Notice Due Prior to February 1, 2012

By December 19, 2011August 22nd, 2018

The New York’s Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law § 195 (as amended by the Act). The statute became effective in April 2011 and the first annual notice must be provided prior to February 1, 2012. . Notice can be provided electronically if specific requirements are met.

While the law does not require a specific form of notice, the New York State Department of Labor has provided sample forms which will help employers address all types of employment arrangements. In addition to English, the NYSDOL has provided forms in other languages, consistent with the requirement that the notice be provided in English and in the employee’s “primary language.”

Employers who fail to comply will be in violation of the Wage Theft Act which can result in a penalty. The cost of that penalty can be as much as “fifty dollars for each work week that the violations occurred or continue to occur”.

The Flanders Group workers compensation program includes HR services to ensure New York clients are fully prepared to comply with the ever-changing legal landscape. Click here for employer FAQS.