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Wage Theft

Wage Theft

Wage Theft Prevention Act

The Wage Theft Prevention Act protects employees by mandating that employers must be transparent about individuals’ expected rates of pay and associated information. The Act posits that employers are required to “provide notice to employees of their rate(s) of pay, designated pay day, the employer’s intent to claim allowances (like tip or meal allowances) as part of the minimum wage, and the basis of wage payment (whether paying by hour, shift, day, week, piece, etc.).” This information needs to be shared with employees when they are hired, by February 1 of each year, and within one week of a change in their pay rate (only required if the change is not noted in the pay stub in the next pay period).

The Act also required employers to provide said notice in the employees’ primary languages if translated materials are available (New York State makes them available in English, Polish, Russian, Spanish, Chinese, Korean, and Creole). If an employer does not comply with these rules, the company is subject to $50 fines, per employee for each week notice has not been given.

As an employee, you have the right to alert the company’s HR department (or the New York State Labor Board) if you have not received your notice by February 1 of each year. If you do report your company to the Labor Board, you are protected under the Whistleblower laws and cannot be retaliated against by your employer.


Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

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