Over its brief lifespan, the WTPA has generated a significant amount of debate about the notice that must be given to all existing employees on or before February 1st of each year, mainly because most of that information is already provided in each pay stub. As we’ve told you before, the annual notice requirement is costing employers thousands of dollars and is making it more difficult to do business in New York.

On February 29, 2012, the New York State Senate passed a bill that, if passed by the Assembly, will repeal the annual notice requirement of the Act, easing the annual administrative burden on employers. However, the rest of the WTPA will remain intact, including the notice that must be given to new employees at the time of hire.

Because the bill has not passed all the way through the Legislature yet, employers should not assume that it will. The February 1, 2012 deadline to give the annual notice to existing employees has come and gone. So, if you have not already done so, get the notice out soon, because your company’s potential liability increases with each passing week. Keep watching our Employer Alert for further updates.

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