Effective October 1, 2020, New York State’s Department of Labor requires a new Notice of Pay Rate form for employers. The form is required to be used by home healthcare aide under the Wage Parity Law. The updated changes to the New York Wage Theft Prevention Act (WTPA) states the new Notice of Pay Rate Form must now include “the benefits portion of the minimum rate of home care aide total compensation.”
The amendment to New York’s Wage Parity Act requires that home healthcare employers include notice of the benefits their employees are receiving under the Wage Parity Law. The form requires employers to break down each benefit provided to the employee, and the home care agency must provide contact information for the person or entity providing the homecare aid benefits.
Home care agencies are now required to keep these records for at least six years.
What is required under the New York Wage Theft Prevention Act (WTPA)?
The WTPA requires employers to provide wage notices and pay stubs to their New York employees. The law requires written wage notices to be delivered to employees in English and the employee’s primary language, signed and dated by the employee and maintained for a period of 6 years. You must provide the notice at the time of hire and upon changes to the data. The forms must include the following information on the written wage notice:
- Rates of pay;
- How the employee is paid (e.g., hourly, salary, commission, etc.);
- Any allowances claimed as part of the minimum wage (e.g., tip, meal, or lodging allowances);
- Regular payday;
- The official name of the employer and any other “doing business as” names used; and
- Address and phone number of the employer’s main office.
The employee wage statement or pay stub on each payday must include the following data:
- Employee’s name;
- Employer’s name, address, and phone number;
- Dates covered by the payment;
- Hours worked (both regular and overtime);
- Rates of pay;
- How the employee is paid (e.g., hourly, salary, commission, etc.);
- Gross and net wages;
- Itemized deductions; and
- Itemized allowances and credits claimed by the employer.
Failure to comply with the new requirements of the WTPA in a timely fashion is punishable by penalties of up to $10,000 per affected employee.
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If you’re an employer in the home healthcare industry, you must revise your new hire notices & pay stubs to ensure they reflect the latest updates to WTPA. Failure to comply can subject your business to substantial penalties. Metropolitan Risk is closely monitoring Home Healthcare legislation in New York, New Jersey, Connecticut, and Florida. If you need additional information, contact a risk advisor at 914-357-8444
Source: New York Employers Must Comply with Updated Wage Notice Requirements
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