Update on New York Wage Theft Prevention Act

In our memo of February 1, 2011, we stated that the New York Wage Theft Prevention Act (the “Act”), was signed into law on December 13, 2010, and would become effective April 12, 2011. However, we recently learned that, unbeknownst to most everyone other than the Labor Department, Governor Patterson apparently signed the Act twice – first on December 10, 2010 and then again during a public ceremony on December 13. As the Act was first signed into law on December 10, 2010, the effective date is actually Saturday, April 9, 2011.

As a result, employers must begin complying with the Act’s new notice, employee acknowledgment and record retention requirements by April 9, 2011. Compliance may require significant changes in current policies and procedures, so we suggest employers begin reviewing payroll and wage notification practices now if they have not already done so.

Please contact us if you have any questions regarding Act. We will be happy to be of assistance to you.