New York’s Wage Theft Prevention Act Signed Into Law

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