Dear TKD Client:

As you may be aware, the February 1, 2014 deadline to comply with the annual notice requirement of the Wage Theft Prevention Act (WTPA) is approaching.

To comply with this requirement, each employer in New York must provide their employees with a written notice on or before February 1, 2014 containing the following information:

• The employee’s rate of pay (e.g. $20/hour, $1000/week, $90,000 per year);
• How the employee is paid: by the hour, shift, day, week, commission, etc.;
• The regular payday; The employee’s overtime/minimum wage classification;
• 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;
• The designated pay day; and
• The employer’s intent to claim allowances (e.g. tip, meal) as part of their compensation.

This notice must be given in English and the employee’s primary language (The Labor Department offers a translation for certain languages). This notice must be signed and dated by the employee, with a signed copy provided to the employee. A signed copy must be retained by the employer for six (6) years.

The WTPA requires that this notice also be provided to all new employees upon hire and to current employees when their compensation changes.

Additional information on how to comply with the WTPA can be found at the New York State Department of Labor website at http://www.labor.ny.gov/formsdocs/wp/ellsformsandpublications.shtm

If you have any questions, or require assistance with any matters related to the above, please do not hesitate to contact Laurent S. Drogin or Richard L. Steer.