Paperless Compliance with NYS Wage Theft Prevention Act (WTPA)
What is the NYS Wage Theft Prevention Act (WTPA)?
The New York State Wage Theft Prevention Act (WTPA) took effect on April 9, 2011. It amends New York State's the notice of wage rate requirements and expands the civil and criminal remedies that are available when employers fail to comply with these provisions.
How does it Effect Me?
The law requires all private sector New York State employers to give written notice of salary / wage rates:
- To each new hire
- To all employees by February 1 of each year
The notice must include:
- Rate or rates of pay, including overtime rate of pay (if it applies)
- How the employee is paid: by the hour, shift, day, week, commission, etc.
- Regular payday
- 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
- Allowances taken as part of the minimum wage (tips, meal and lodging deductions)
The notice must be given both in English and in the employee's primary language (if the Labor Department offers a translation). The Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.
Non-private sector organizations (like public schools) in New York State and public and private sector organizations outside of New York State may not be required by law to issue notices of wage / salary, but many elect to issue these notices regardless because of the positive impact it has on employee communication and human resources relations
For more information: Go to NYS Department of Labor Website
Issuing Digital (Paperless) Notices of Wage Using SchoolFront
SchoolFront allows you to mail-merge digital notices of wage/salary for all of your employees at one time and mass-email them their notices of salary. SchoolFront then provides a procedure for the employee to review the notices.
This review can result in either the employee "challenging" the contents of his/her notice (i.e. because he / she believes there are errors) or approving the notice with a digital signature.
The process concludes with the digitally signed notice of wage / salary stored in the employees' electronic personnel folders for future reference by both the employer and the employee.
Step-by-Step Instructions
- Ensure Salary Information is in the System for Employees (i.e. in the form of a wage/salary adjustment)
- Configure Wage / Salary Notice System Settings
- Create Wage / Salary Notice Templates
- Mass-Email Wage / Salary Notices
- Track Employee Wage / Salary Notice Approval
- Access Approved/Signed Notice in Employee Digital Personnel Folder