EVENTS

New York recently enacted the Wage Theft Prevention Act, a law that makes several important changes to the wage-payment provisions of the New York Labor Law. The passage of this bill highlights the state’s increased focus on enforcement of the Labor Law. The New York State Department of Labor has stepped up its investigation of employers, and plaintiffs’ attorneys continue to bombard employers with class and collective action lawsuits alleging wage-payment violations.

The Wage Theft Prevention Act provides both the DOL and plaintiffs’ attorneys with additional ammunition, and employers must be prepared when these new changes take effect on April 9, 2011.

Join us on February 10 as we cover the following key provisions you need to know about this new law:

• Employers must provide all employees with notices at the time of hire as well as on or before February 1 of each subsequent year of employment containing detailed information on rates of pay, regular pay day, exempt status, the basis of pay rates, and any allowances claimed as part of the minimum wage.
• Failure to provide such notices permits each employee to pursue penalties of up to $2,500.
• Employers must provide employees with pay statements each time employees are paid that specify applicable dates that the wages cover; name of the employee; employer name; address and phone number; the rate or rates of pay and the basis thereof; gross deductions; allowances claimed as part of the minimum wage; and net wages.
• Non-exempt employees must be provided with statements that include the following additional information: the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked.
• Failure to provide such statements permits each employee to pursue penalties of up to $2,500.
• Liquidated damages for wage payment violations of up to 100% of the total amount of wages due. Current law provides for 25% of the total amount of wages due.
• Tolling of the statute of limitations during DOL investigations, and expanded DOL authority to remedy violations.

Speakers

• Michael Hausknecht, Esq., Nixon Peabody LLP
• Todd Shinaman, Esq., Nixon Peabody LLP
• Stephen Jones, Esq., Nixon Peabody LLP
• Joseph Carello, Esq., Nixon Peabody LLP

Register

Click here to register online.

Contact

For more information, please contact Lauren Ketchum at 617-345-1297 or lketchum@nixonpeabody.com.

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Nixon Peabody LLP is an accredited provider of continuing legal education in California, New Hampshire, New York, and Rhode Island. This program is approved for 1 general credit hour and is approved for experienced attorneys only. For other jurisdictions where reciprocity does not apply, Nixon Peabody will assist with seeking course CLE approval upon request. Please note that the CLE Boards have the final authority on the acceptance and granting of CLE credit for individual courses. Attendees are responsible for self-reporting their CLE credits.

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