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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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With regard to use of the New York Wage Theft Prevention

Customer Question

With regard to use of the New York Wage Theft Prevention Notice for hourly employees when there is a "change" such as an "increase" in the hourly pay rate, will an earnings statement suffice as an alternative if only rates of pay that are applicable (worked)
during the time period covered by said earnings statement is reflected? Currently with most payroll providers, if no overtime is worked during the first pay period that the increase became effective, overtime rate is not be reflected on the earnings statement;
only pay rates that are applicable to each time period are reflected on the earnings statement.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
With regard to use of the New York Wage Theft Prevention Notice for hourly employees when there is a "change" such as an "increase" in the hourly pay rate, will an earnings statement suffice as an alternative if only rates of pay that are applicable (worked)
during the time period covered by said earnings statement is reflected? Currently with most payroll providers, if no overtime is worked during the first pay period that the increase became effective, overtime rate is not be reflected on the earnings statement;
only pay rates that are applicable to each time period are reflected on the earnings statement.

Response: No. You will not be in compliance. You must give a written notice of the change. Seethe PDF below:
https://www.labor.ny.gov/formsdocs/wp/P715.pdf
Customer: replied 1 year ago.
Hi again:
Please see number 17. in the below PDF regarding an increase. http://labor.ny.gov/workerprotection/laborstandards/PDFs/wage-theft-prevention-act-faq.pdfMy concern is that only the rates of pay in play on the "next pay stub" will be reflected; in other words, if no overtime is worked then the increased overtime rate will not be reflected. The Rochester Chamber of Commerce is of the opinion that the this is ok because the rate will be reflected when it "applies".
Expert:  Phillips Esq. replied 1 year ago.
Hi again:
Please see number 17. in the below PDF regarding an increase. http://labor.ny.gov/workerprotection/laborstandards/PDFs/wage-theft-prevention-act-faq.pdf
My concern is that only the rates of pay in play on the "next pay stub" will be reflected; in other words, if no overtime is worked then the increased overtime rate will not be reflected. The Rochester Chamber of Commerce is of the opinion that the this is ok because the rate will be reflected when it "applies".

Response: It is prudent to give formal notice of the change. That would save you a lot of time from trying to explain the change later.

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