Notice Requirements Under the New York Labor Law’s Wage Theft Prevention Act

All employees are entitled to be paid for the work they did in good faith. An employer must abide by the terms and conditions that were agreed upon when they hired the employee. When an employer does not agree to these terms, this is an issue known as wage theft. Wage theft is a serious problem for many employees. Estimates from experts indicate that employee lose billions of dollars in wage theft in any given year. This is a substantial sum. Wage theft is a crime. If you have been a victim of wage theft, you are entitled to compensation.

You are Protected

It is important to remember that you are protected under by law. The Wage Theft Protection Act passed in 2011 covers all New Yorkers. The law is quite specific. All employers are required to provide their employees with paychecks in writing. The pay stubs must indicate everything paid to the employee. That includes all hourly wages. It also includes any funds for overtime the employee did while on the job as well as any promised bonuses the employer is due. If the employer violates these terms, they can be subject to many penalties including heavy fines.

What is Wage Theft?

Wage theft is when an employer is stealing from the employee. All employees agree to perform work in turn for compensation. This compensation may take many forms including wages, bonuses and profit sharing. A worker is also entitled to be paid in accordance with all required labor laws. This means they must be compensated if they work overtime. It also means an employer cannot ask someone to stay late without compensation or work without payment. An employer must also agree to pay their workers in a timely manner. Delaying payments to the worker beyond a certain time is not acceptable under these laws.

The Wage Theft Protection Act also implements other requirements. An employer is required to let the employee know in writing what wages they are being paid. Other data they are required to pay includes payday and the exact amount they can expect to be paid in overtime.

Varied Types of Fines

Employers who do not adhere to these requirements, they can be subject to fines. An employer can be fined $50 per day for every day they do not post a notice about the terms and conditions of employee pay. The maximum penalty is five thousand dollars per employee. An employer is also subject to fines of $250 per violation and liable for five thousand dollars per employee for each violation of the law. In addition, employers who repeatedly violate this act can also be subject to fines that can be as much as twenty thousand dollars if they have done more than once in the last six years. The law also requires at least part of the fines to go the employee who has been harmed by wage theft.

This law also applies to people who have just been hired. They must be told many things about their wages including their form of compensation such as hourly wages or commissions as well as overtime eligibility. A new employee must also be permitted to know the official name of the business as well as their address and phone number. The employer must also it in writing that the employee understood the terms and conditions of these issues and has agreed to them.

If you have been a victim of violations of such laws, you are entitled to compensation. Contact our firm for further information about your legal case.

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