Wednesday, April 27, 2011
Governor Patterson recently signed the Wage Theft Protection Act into law.
There is growing evidence that minimum wage violations are quite common in this country. No doubt this statute was enacted to combat this as well as over-time violations. It amends the state labor law. Specifically, the statute imposes additional notice requirements requiring that employees be informed in writing about their rate of pay and eligibility for over-time pay, requires that employers maintain payroll records for 6 years, provides the state commissioner of labor with additional enforcement powers, provides employees may recover liquidated damages and attorneys fees. Most interesting is that employers who commit willful violations can be responsible criminally. If the amount is more than 1 millions dollars it can even be a felony. Query, how can an employer serve jail time and who from the employer would be criminally responsible?
It will be interesting to see if this new law changes anything.
Mitchell H. Rubinstein