Effective February 1 of each year all employers in New York State (other than government agencies) are now required to provide each of their New York employees with an annual Notice under the New York State Wage Theft Prevention Act (NYWTPA).

According to this new rule, "all NY Employers must issue the current annual Notices to employees between January 1 and February 1, 2012. All new hires must receive Notices. Employers who miss the deadline or otherwise fail to comply with the NYWTPA's requirements face the possibility of an action by individual employees and/or the New York State Department of Labor (NYSDOL), with the potential for civil and/or criminal penalties. If the employer fails to provide notice in a timely manner an employee may file a civil claim and recover $50 for each work week of noncompliance up to a maximum of $2,500. The NYSDOL can file a claim and recover $50 for each work week of noncompliance without limitations."

Furthermore, "the NYWTPA requires that the annual Notice be tailored to each employee and must include rate or rates of pay, including overtime rate of pay (if it applies); how the employee is paid (by the hour, shift, day, week, commission, etc.); allowances taken as part of the minimum wage (such as tips, meal and lodging allowances); regular payday; official name of the employer and any other names used for the business (DBAs); and address and phone number of the employer's main office or principal place of business (and mailing address, if different). The notice must be given both in English and in the employee's primary language, if the NYSDOL offers a translation – the Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian."

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