| Visit our New Office! | 
C&L Tax and Accounting Services, LLP
is now located at:
2116 Merrick Ave, Suite 4002 Merrick, NY 11566 Our phone, fax and email
remain the same.
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 | Suzanne LoBiondo, CPA
516-791-1303
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 | Christopher Cheeseman, CPA
516-791-1303
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| Only in New York! | |
Dear Clients and Friends,
We hope you are staying warm during one of the coldest and snowiest New York winters on record! Rather than lament about the cold in the Northeast, we thought this month's newsletter should embrace our "New Yorkness" !
That's why this issue of News You Can Use is dedicated to businesses with employees in New York, as well as our clients who are employees of a business in New York.
We hope you find this information valuable. In the meantime, let's hope for an early Spring!
Very truly yours,
Suzanne LoBiondo, CPA
Christopher Cheeseman, CPA |
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NY State Enacts New Wage Theft Prevention Act
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On December 13, 2010, New York Governor David Patterson signed the Wage Theft Prevention Act (WTPA). The Act makes a number of changes to the New York Labor Law, adding a variety of increased employee protections and harsher penalty provisions.
Some of the Act's key provisions, which take effect on April 9, 2011, are outlined below.
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Notice and Language Requirement
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WTPA amends section 195 of the Labor Law to require that employers provide all employees with written notices containing certain information not only at the time of hire, but also to all existing employees by February 1, 2012, and every subsequent year. The notice must contain information about pay rates, the basis of the pay rate, how the employee is to be paid (e.g. hourly), and allowances.
The documentation provided to the employee must be both in English and in the employee's primary language. The employer must maintain these documents for six years. The WTPA has instructed the Commissioner of Labor to prepare dual-language based templates to be used as guidance for such notification.
If an employer fails to provide the appropriate documentation within ten business days of the employee's initial date of employment, the employee may recover $50 a week until the violation is remedied, up to $2,500, in addition to costs and attorney's fees. The Commissioner may also bring an action to enforce the notice requirement.
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Wage Statements
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The Act amends Labor Law section 195 to require that employers provide pay statements that specify the dates the wages cover, the rate and basis of pay, allowances, the employee's gross wages, deductions from wages, and net wages. For non-exempt employees, pay statements must also include the regular and overtime pay rates and the number of regular and overtime hours worked. Employers must maintain these payroll records for at least six years.
Violations of these requirements can result in damages in the amount of $100 per week for the duration of the violation, up to $2,500, plus costs and attorney's fees. The Commissioner may also pursue legal action.
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Anti-Retaliation Provisions
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If an employer is found to have retaliated against an employee because the employee complained that the employer engaged in conduct that the employee, reasonably and in good faith, believed violated any provision of the Labor Law, then the employee may be entitled to reinstatement, back pay and front pay. The employee may also recover up to $10,000 in liquidated damages.
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C&L Tax and Accounting Services LLP is a boutique CPA firm that specializes in meeting the tax and accounting needs of individuals and small businesses. Our experienced tax and accounting professionals offer clients insightful and strategic tax planning and compliance services that maximize savings year after year.