Tag Archives: New York employers

New York Employers Must Issue Annual Wage Notices Under the Wage Theft Prevention Act

For the second time since the enactment of New York’s Wage Theft Prevention Act (“WTPA”), New York employers must issue a written annual notice and acknowledgment of pay rates and pay dates (“Notice”) to all New York employees between January 1, 2013, and February 1, 2013.

In February 2012, after a flurry of negative feedback from employers statewide, the New York State Senate passed a bill striking the annual Notice requirement from the list of employer responsibilities set forth in Section 195.1 of the New York State Labor Law. However, because the bill remains dormant in the New York State Assembly, the annual Notice requirement is still in effect.

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Welcome News For New York Employers: Appellate Court Rejects Its Prior Ruling That A Plaintiff Alleging Discrimination Under The New York City Human Rights Law Is Entitled To A Trial In Almost Every Case

by: Barry Assen

New York management-side attorneys and their clients were surprised and chagrined when they read Bennett v. Health Management Systems, Inc., a case decided in December 2011 by the New York State Supreme Court, Appellate Division, First Department (“the First Department”), which sits in Manhattan.  Writing for the unanimous five-judge court, Justice Rolando Acosta directed that because the New York City Human Rights Law (“NYCHRL”) explicitly provides that it should be liberally construed, summary judgment motions should only be granted in the employer’s favor in “rare and unusual” circumstances. 

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Reminder to New York Employers: Annual Notices Under the Wage Theft Prevention Act Must Be Distributed Between January 1 and February 1, 2012

by William J. Milani, Jeffrey M. Landes, Susan Gross Sholinsky, and Jennifer A. Goldman

For the first time, in 2012, New York employers must provide all New York employees with an annual notice and acknowledgment of pay rate and pay date (“Notice”) pursuant to the Wage Theft Prevention Act (“WTPA”), which amended the New York State Labor Law (“Labor Law”), effective April 9, 2011.

As we previously reported (see Act Now Advisory “Governor Paterson Signs Overhaul of New York State Labor Law” (Dec. 15, 2010), and Act Now Advisory “They’re Here – New York State Department of Labor Issues Updated 195.1 Templates and WTPA Frequently Asked Questions” (April 4, 2011)), the WTPA requires employers to provide their newly hired employees with Notices. Employers must also provide New York employees with written notice of certain changes in their wage rate and/or pay dates. In addition, the requirement that New York employers must provide Notices to all employees, annually, between January 1 and February 1 of each year, first becomes applicable in 2012.

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