In 2011 the New York Wage Theft Prevention Act was placed into effect and amended in 2015. The Act requires New York businesses to give specific wage notices to employees at least 7 days prior to any change, unless the business issues a new paystub. Another example of the requirement is that businesses must provide a compliant wage notice to all new employees and to any employee whose wage is being reduce before the reduction. However, notice is not required for a rate increase if the new rate is shown on the next payment of wages. Employees cannot waive notice.

With COVID-19 impacting businesses nationwide, businesses must remember to abide by the Act when combating COVID-19’s consequences to their company (layoffs, reducing pay, reduced hours, etc.).

It is important to note that federal, state, and local government employers are not required to give these notices.

The notice must be provided in English, the employee’s primary language, and include:

  • Official name of the business and any other names used for business (e.g., DBAs)
  • Address and phone number of the business’s main office or principal location
  • Regular payday
  • Rate or rates of pay, including overtime rate of pay (if applicable)
  • How the employee is paid: by the hour, shift, day, week, commission, etc.
  • Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

Businesses may elect to use their own form or use the Department of Labor’s sample notice found here:

Families First Coronavirus Response Act

In previous posts we’ve summarized key provisions of the new federal and state emergency paid leave laws and the interplay between them.

Here, we just wanted to take a moment to highlight one easily overlooked aspect of the federal Families First Coronavirus Response Act (FFCRA). There is a mandatory notice provision in the FFCRA that covers nearly all employers, similar to mandatory “Equal Employment Opportunity is THE LAW” posting requirement employers will be familiar with.

FFCRA requires that each public or private employer “shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice” a summary of employee rights under the new law. The Department of Labor pushed out this model notice the other day:

Available at

The FFCRA goes into effect 04/01, so employers should strive to have the model notice posted by then.