Wage Theft Reporting
Every once in awhile I get to return the pokes and jabs we in California take from our colleagues in other states about our employment and labor statutes. This is one of them; though it will be short lived –
Businesses with employees in the state of New York must provide a report to each employee, sometime between January 1 and February 1 of 2012 (and each year thereafter). The report must contain information about each employee’s specific rate(s) of pay, including overtime rates, how the employee is paid (hourly, by shift, day, week, salary, piece, commission or otherwise), whether there are any allowance the employer will claim for such things as tips, meals or lodging, and the regular pay day.
Failure to issue the report may result in a fine of $50 per week per employee.
The New York stature also provides for the a wage report for each pay period requiring similar information, plus the dates covered by the payroll, gross wages and deductions and net pay. Violations of this reporting requirement carry a $1oo per week per employee penalty.
Employers must maintain a record, for a period of 6 years, of each employee setting out the information in the above reports.
It also provides a great way for the plaintiff’s bar to seek out employers who are violating wage and hour laws.
Why is my joy short-lived; because California’s own wage theft law requires employers in the Golden State to provide a notice to new hires notice of: the rate of pay; rate of overtime; whether the employee is being paid by the hour, shift, day, week, salary, piece or commission; the regular pay day; employer’s name and any “doing business as” names used; the physical address of the employer’s main office and mailing address; employer’s telephone number; the name, address and telephone number of the employer’s workers’ compensation carrier; and any other information the Labor Commissioner decides to add.
And best of all, the duty is continuing, so every time there is a change the employer must notify all employees, new and continuing.