WTPA Compliance Service

 

WTPA (Wage Theft Prevention Act) is a new, New York State labor law that targets those employers who engage in “wage theft” by underpaying employees. The WTPA will affect all New York State employers by imposing burdensome notification and record keeping requirements, and therefore expanding the scope of penalties for violations, and increasing opportunities for employment litigation. All New York State employers needed to amend their payroll practices on or before April 9, 2011.

Under the WTPA, all New York State employers must now provide all new hires and active employees with written notifications that contain the following:

  • Employee’s rate(s) of pay;
  • The basis of the employee’s rate of pay (e.g. by the hour, shift, day, week salary, piece, commission, or other);
  • Whether the employer intends to claim allowances as part of the minimum wage, including tip, meal, or lodging allowances, and the amount of those allowances;
  • The employee’ regular pay day designated by the employer in accordance with the frequency of pay requirements in the Labor Law;
  • The name of the employer and any “doing business as” names used by the employer;
  • The physical address of the employer’s main office or principal place of business, and a mailing address if different;
  • The telephone number of the employer;
  • Any “such other information as the commissioner deems material and necessary.”

What If I Am Not In Compliance?

Employers who fail to comply may face legal action and may be subject to monetary damages, injective relief, as well as paying reasonable attorney’s fees and costs.

How Paypro Can Help?

Paypro can provide you with a completed dual language (English and Spanish) New York State Form LS 56 “Notice and Acknowledgement of Pay Rate and Pay Day”. This form can be printed at time of hire, after a rate change, as well as yearly before February 1 of each year (starting 2012) for all active employees. All you have to do is have your employees sign the form and retain it for your records.

For more information on Paypro’s WTPA Compliance Solution, download our WTPA product sheet or contact us.