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The Wage Theft Prevention Act (WPA) took effect on April 9, 2011. The law requires employers to give written notice of wage rates to each new hire. The notice must include: Rate or rates of pay, including overtime rate of pay (if it applies) How the employee is paid: by the hour, shift, day, week, commission, etc.
Pay in lieu of notice. If a notice period such as one month is required for an employer to terminate a contract, a 'payment in lieu of notice' is immediate compensation at an amount equal to that an employee would have earned as salary or wages by working through the whole notice period: for example, one month's salary
Even employees dismissed for gross misconduct are entitled to be paid their notice period and any statutory leave they have accumulated. 'In lieu of' means 'in place of', or 'instead of'. The amount to be paid will normally cover all salaries that would have been earned during the notice period.
Pay during the notice period. The person leaving should be paid as normal when they're working their notice period. This includes if they're willing to work, but the employer has asked them not to.
Of course, if you are required to give employees more than two weeks' notice, the amount of notice pay will be more than two weeks' compensation. Calculating notice pay is a matter of simple arithmetic. Divide the annual salary by 52. Then, expressing the number of weeks in terms of days, multiply $100/day by 14 days.
In addition to New York and California, Alaska, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maryland, New Hampshire, North Carolina, Pennsylvania, South Carolina, Utah, and West Virginia have enacted similar legislation.
What is the Wage Theft Prevention Act? The Wage Theft Prevention Act (WPA) requires employers to give written notice of wage rates to each new hire. The notice must be given in English and in the employee's primary language (if the New York State Department of Labor (IDOL) offers a translation).
Wage Theft Laws. At least 10 states now allow workers to put a lien on an employer's property in connecting with a wage claim, with New York closing in on its own bill. Meanwhile, Colorado this year made wage theft a felony if the amount is more than $2,000.
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