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Senate Bill 858 (substituted for the identical Assembly Bill 1893), known as the No Wage Theft Loophole Act, addresses an unintended gap in the law that allowed employers to legally withhold wages owed their employees.
DAMAGES AND OTHER PENALTIES The WTPA provides for higher penalties when an employer fails to pay the wages required by law: 1. Under prior law, liquidated damages only covered up to 25% of the unpaid wages. Now, the law provides for liquidated damages on up to 100% of the unpaid wages.
Penalty for late payment 0.5% of the unpaid amount for each month (or part of a month) it is not paid, up to a maximum of 25%
The law requires employers to give written notice of wage rates to each new hire. 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.
WAGE STATEMENTS Give any employee who asks a written explanation of how they computed wages. Employers that do not give wage statements may have to pay damages of up to $250 per day, per employee, unless they paid employees all wages required by law.
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New York Labor Law Section 195.1 requires employers to obtain signed acknowledgements of receipt from newly hired New York employees that those employees have received written notice of their pay rate and pay day and if applicable, their overtime rate, before commencing work.
The law requires employers to give written notice of wage rates to each new hire. 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.
What is the penalty for violating the NY Wage Theft Prevention Act? Employers who violate the NY Wage Theft Prevention Act face multiple penalties and punishments. Employers must provide written pay notices and pay stubs to employees. If they do not, they may have to pay a penalty of up to $10,000 per employee.

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