Attention: Employers who have employees or contractors working in the states of California and/or New York. (Additional states have enacted similar requirements, see a lists of those states below).

    The Wage Theft Prevention Act (WTPA) contains requirements for employers regarding statements to employees at the time of hire, annual statements to existing employees, information required to be displayed on pay statements, and record-keeping.

    This Is What You Need to Do by February 1, 2014:

    The WTPA requires you to give a written notice to each new hire and to all employees on or before February 1st of each year.

    New York State Employers

    New York State Information about the Act and the notices can be found on the New York Department of Labor website:  http://www.labor.ny.gov/formsdocs/wp/P715.pdf

    To Do:

    • You must keep the signed and dated notices and acknowledgement for six (6) years and provide a copy to the employee.
    • The notice of acknowledgement should become part of the New Hire Packet, similar to the W-4 form.

    California Employers

    Information about the Act and templates for the notice to employees can be found on the California Department of Industrial Relations website at: http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html

    New Hire Notice Requirements

    California requires that at the time of hire, you shall provide each new employee a written notice that contains specified information and must be in the language you normally use to communicate employment-related information to the employee.  Refer to the website above for notice templates.

    Pay Statement Requirements

    Click on this link for a list of the information that must be furnished semi-monthly or at the time of each payment of wages:  http://www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html

    Other States with Similar WTPA Requirements

    Besides California and New York, the following states have enacted similar legislation: Alaska, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maryland, New Hampshire, North Carolina, Pennsylvania, South Carolina, Utah, and West Virginia. Are you compliant?

    Compliance Questions? Payroll Questions?

    If you have questions about the Wage Theft Prevention Act (WTPA) in your state, please contact a FosterThomasHR Compliance expert by filling our our quick contact form below. Please let us know how we can assist you.

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