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12287: NY Wage Theft Prevention Act (CWU)


CWU New York

CWU: The Wage Theft Prevention Act, which was signed in December, imposes new requirements on New York employers effective April 9th, 2011.

Among the requirements imposed by the New York Wage Theft Prevention Act are these:

Wage Statement:

NY employers are required to provide wage statements to employees with each paycheck. The wage statements must provide the following information:
  • Hours worked (regular and overtime)
  • Rate or rates of pay (regular/overtime)
  • How the employee is paid – by the hour, shift, day, week, commission, etc.
  • Pay at the piece rate must show what rates apply and the number of pieces at each rate
  • Employee’s gross and net wages
  • Itemized deductions
  • Itemized allowances and credits claimed by the employer, if any (tip, meal and lodging allowances or credits)
  • Employee’s name
  • Employer’s name, address and phone number
  • Dates covered by the payment

Employers that do not give wage statements may have to pay damages of up to $250 per day, per employee, unless they paid employees all wages required by law.

Wage Notice:

NY employers are also required to give new employees a written notice at the time of hire or when there are changes in the information on the pay notices that 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.
  • Regular payday
  • Official name of the employer and any other names used for business (DBA)
  • Address and phone number of the employer’s main office or principal location
  • Allowances taken as part of the minimum wage (tip, meal and lodging deductions)
The wage notice must appear both in English and in the employee’s primary language (if the NY DOL offers a translation). This notice must be provided to each employee upon hire or when there are changes in the information on the pay notices. Employees must sign a written receipt of the notice. Employers that do not give notice may have to pay damages of up to $50 per day, per employee, unless they paid employees all wages required by law.



CWU users, please note:
  • Wage Statement. You can supply this with Check Stub formatting options available in CWU. See "Check Stub Options for NY Wage Theft Prevention Act Wage Notice (CWU)" in Related Links below.
  • Wage Notice. CWU will not offer this document in the program. It must be created by the employer to give to the employee at time of hire. The employee should sign a written receipt for the Wage Notice and the employer must keep the receipt for at least 6 years. 

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