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Labor & Employment Alert >> NY DOL: Annual WTPA Notices Not Required in 2015

January 7, 2015

On December 29, 2014, New York Governor Andrew Cuomo signed a bill eliminating the annual Wage Theft Protection Act (WTPA) notice requirement. As written, the bill was to take effect 60 days after enactment. However, Governor Cuomo issued a memorandum stating that the legislature has agreed to address “some technical and substantive problems” in additional legislation, which will include acceleration of the effective date of the amendment to remove immediately the annual notice requirement.

Although this additional legislation has not been officially passed and signed yet, the New York Department of Labor has stated on its website, “Accordingly, given the pending enactment of this chapter amendment, the Department will not require annual statements in 2015.”

The other requirements of the WTPA are still in effect, and New York employers still need notices for new hires and when there is any change in the information on a notice (other than a pay raise that is reflected on the wage statement for employers not in the hospitality industry). In addition, the amendment increases penalties for non-compliance to a maximum of $5,000 per employee (up from $2,000), with potential additional liquidated damages.

 

Author(s)

GREGG BROCHIN
Partner
212.468.4950
gbrochin@dglaw.com
Labor & Employment