Home » United States Articles » HRTrain's Wage Notice Compliance Tool Asks Employees to Identify Their Primary Language, Generates Compliant Bilingual Notices, Automates Acknowledgments and Handles Recordkeeping Requirements.
HRTrain's Wage Notice Compliance Tool Asks Employees to Identify Their Primary Language, Generates Compliant Bilingual Notices, Automates Acknowledgments and Handles Recordkeeping Requirements.
New York's Wage Theft Protection Act (WTPA) contains burdensome annual Wage Notice distribution requirement for employers. Employers face stiff penalties and a February 1, 2012 deadline. HRTrain's Wage Notice Compliance Tool makes compliance easy.
JERICHO, NY, January 12, 2012 /United States PR News/ -- Employers throughout New York State face stiff fines and lawsuits if they don't comply with the New York Wage Theft Protection Act, a labor law requiring employers to distribute Wage Notices to New York employees between January 1st and February 1st of each year.
One of the most troubling aspects of the WTPA is that so many New York employers are completely unaware of it. The WTPA requires employers to ask each employee to identify their "primary" language. Employers must provide employees with Wage Notices that include:
- The employee's rate(s) of pay, including overtime rate if applicable.
- The basis of the employee's rate(s) of pay (such as by the hour, shift, day, week or by commission).
- The employee's regular payday.
- The official name of the employer and any "doing business as" names it uses.
- The address and phone number of the employer's main office or principal location.
- The employer's mailing address, if it is different from the provided address.
- Any allowances taken as part the minimum wage (such as tips or meal and lodging deductions).
If the employee's self-identified "primary" language is one of the six languages other than English identified by the New York Department of Labor (Spanish, Chinese, Korean, Creole, Polish and Russian), the employer must provide the Wage Notice in that language. The employee must be able to obtain a copy of the Wage Notice. The employer must also obtain an acknowledgment of receipt from the employee, and maintain the records for six years.
Creating the Wage Notices can be confusing because there are many different methods of compensation that need to be accounted for. The New York Department of Labor has created sample Wage Notice templates that employers can use, but employers should exercise care in using these templates. For example, there is an optional question on one Department of Labor form asking employers to identify specific exemptions for exempt employees. Most employment lawyers advise that employers modify this notice so no specific exemption is identified.
The Act's requirements can be particularly difficult for companies with hundreds or thousands of employees. Employers are left with two choices - manage the process by hand or automate the process. HRTrain has developed an automated solution.
What happens if an employer fails to give notice? The penalties can add up. New York State can fine them up to $50 per employee per week and employees can sue for up to $2,500 per employee.
For more information about Wage Notice compliance requirements or HRTrain's Wage Notice Compliance Tool, visit www.HRTrain.com/wagenotice. Additional compliance information is available on HRTrain's Blog.
HRTrain provides employers with online training and compliance tools. HRTrain helps employers reduce exposure to employment lawsuits, obtain a more productive workforce and comply with employment laws. Reach us at 888-HR-Train or on the web at www.HRTrain.com.
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