On December 13, 2010, New York passed the Wage Theft Prevention Act (“WTPA”). The WTPA becomes effective on April 12, 2011 and requires amends New York’s labor law as follows: (1) employers must provide notices to all employees annually explaining their pay date, rate of pay, and overtime rate; (2) employers must provide 7 days written notice of any change in pay; (3) the WTPA increased the amount of liquidated damages for unpaid wages from 25% to 100% of the unpaid wages due; (4) the WTPA provided additional penalties for retaliation – employees may receive reinstatement, back pay and front pay, and liquidated damages of up to $10,000; and (5) employers who are repeat offenders or “willful or egregious” violators may be penalized for double the wages due and liquidated damages of 100 percent.
January 10, 2011 – Castronovo & McKinney – Tom McKinney