In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York's wage statement and wage notice claims under the Wage Theft Prevention Act (WTPA).
The WTPA requires employers to provide at the time of hiring, a wage notice containing enumerated and specified information-for example, the employee's rate or rates of pay and basis thereof, any allowances claimed as part of the minimum wage, the designated payday, and the employer's address and telephone number. The WTPA also requires employers to provide, with each payment of wages, a wage statement listing certain information-for example, the dates of work covered by that payment of wages, the rates of pay and basis thereof, allowances claimed as part of the minimum wage.
Section 198 of the New York Labor Law provides that any employee not provided with a wage notice within 10 business days of their start date may bring a civil claim to recover damages of $50 dollars for each workday that the violation occurred or continued to occur, capped at $5,000 per employee, together with costs and reasonable attorneys' fees. Section 198 also provides that any employee not provided with a wage statement may bring a civil claim to recover damages of $250 for each workday that the violation occurred or continued to occur, capped at $5,000 per employee, together with costs and reasonable...
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