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New York Construction Law

New York Mandatory Pay Notices: What Employers Need to Know

Posted in Labor & Employment in Construction

While employers generally provide detailed information to new hires about their pay, New York law now requires employers to provide written notice to employees when they are hired.  A failure to provide the required written documentation may result in civil money penalties up to $5,000 per employee. what employers need to know

Pursuant to the New York Wage Theft Prevention Act (WTPA), written pay notices must include:

  • Employee’s rate of pay, including overtime rate (if applicable);
  • How the employee is paid – by the hour, shift, day, or week;
  • Employee’s regular payday; and
  • Official name of the employer and principal business location.

Wage notices must be provided in English or the employee’s primary language and must be kept for six (6) years following termination of employment.  While no specific form is required, sample notices are available at the New York State Department of Labor’s website.

Finally, employers may notify employees of pay rate increases or changes to the regular payday or primary business location on employee paystubs; however, employers must provide employees with separate written notice one week prior to any reductions in pay.