As New York State employers know, there is a requirement to provide Notice of Pay Rate to new employees. Last month, the New York State Department of Labor (DOL) issued an updated sample. Below is an overview of the requirements and a look at the updated DOL sample.

Background: WTPA Pay Rate Notice Requirements

On April 9, 2011, the New York State Wage Theft Prevention Act (WTPA) took effect. Included in the WTPA’s requirements are an employer’s obligation to provide each newly hired employee with written notice of the employee’s pay rate(s). The notice must also include, among other things, overtime rate(s) of pay for non-exempt employees, allowances taken (if any), how the employee is paid (e.g., by the hour, shift, day, week, commission, etc.), regular payday, and the employer’s official and “doing business as” names, address, and phone number. The notice must be provided to the employee in English and in the employee’s primary language (if the DOL offers a translation in that language).

Updated Sample Pay Rate Notice for Hourly Rate Employees

In September 2022, the DOL issued an “updated” Notice and Acknowledgement of Pay Rate and Payday Under Section 195.1 of the New York State Labor Law (Notice of Pay Rate): Notice for Hourly Rate Employees (form LS 54), which is commonly referred to as the LS54.

The only apparent update to the English version is an updated DOL logo and a new version date of September 2022.

There are also new versions of the LS54 available in Burmese, Chinese, Haitian-Creole, Italian, Korean, Polish, Russian, Spanish, Vietnamese, and Yiddish.

Penalties for Non-Compliance

Failure to provide proper Notices of Pay Rate may be subject to penalties of up to $5,000 per employee.

Employers are reminded of these Notices of Pay Rate obligations which remain a focus of DOL audits and investigations and New York State and federal wage and hour litigation.

Employers are encouraged to conduct self-audits, with advice of your advisor or counsel, to confirm compliance.

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