Law issues & Business
Millions of businesses throughout New York State could face stiff fines and lawsuits if they don’t comply with a new state labor law requiring that wage notices be acknowledged by all employees in New York between January 1 and February 1, says Robert D. Lipman, a leading labor lawyer.
"It’s shocking how many companies don’t". The law, he says, requires that each year between January 1 and February 1, each employee receive a notification that states:
The official name of the employer or any name it uses in business.
Any allowances taken as part the minimum wage (such as tip, meal and lodging deductions).
The law, enacted earlier this year and officially called the Wage Theft Protection Act, also requires these notices to be in English as well as Chinese, Haitian-Creole, Korean, Polish, Russian and Spanish, depending on the primary language of the employee.
Moreover, there are different notices for different methods of compensation. One Department of Labor form notice asks as an optional question that employers identify the specific exemption for exempt employees. Most employment lawyers advise that employers modify this notice so no specific exemption is identified.
In particular, Plesur said, “employers dread having to ask their employees about their primary language, distribute the forms ,What happens if an employer fails to give notice? New York State can fine the business up to $ 50 per employee per week and employees can sue for up to $ 2,500 per employee.
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