You fill out DOL Form LS-513 by entering the employer’s legal name, the employee’s name, the fixed weekly salary, the regular payday, and the exempt classification, then both parties sign and date it on or before the employee’s first day of work. This form, officially titled the Pay Notice for Exempt Employees, is a New York State Department of Labor document required under the Wage Theft Prevention Act (WTPA), codified at New York Labor Law §195.1.
Failing to provide LS-513 within 10 business days of hire triggers statutory damages of $50 per workday, capped at $5,000 per employee, plus attorney’s fees and costs under Labor Law §198. The New York State DOL recovered more than $35.3 million in stolen wages for over 21,000 workers in 2023 alone, and wage notice violations remain among the most cited infractions during routine audits.
According to the Economic Policy Institute, wage theft costs U.S. workers an estimated $50 billion every year, and missing or defective wage notices are one of the top three triggers for class-action wage suits in New York federal courts.
Here is what you will learn in this guide:
- 📋 How to complete every line of Form LS-513 without triggering penalties
- ⚖️ The exact legal difference between exempt and non-exempt status under the FLSA and New York Labor Law
- 💰 The 2026 salary thresholds for executive, administrative, and professional exemptions across all three NY regions
- 🚫 The seven most common mistakes that turn a simple notice into a $5,000 lawsuit
- 🌍 The translation rules that apply when your worker speaks Spanish, Chinese, Korean, Polish, Russian, or Haitian-Creole
What DOL Form LS-513 Actually Is
DOL Form LS-513 is the New York State Department of Labor’s official Notice and Acknowledgement of Pay Rate and Payday for Exempt Employees. The form lives on the DOL’s Wage Theft Prevention Act forms page and is one of seven WTPA notice templates the agency publishes. Employers use it only for workers who meet the salary and duties tests for exemption from overtime under both federal and state law.
The plain-English purpose is simple. The form tells a salaried employee, in writing, exactly how much they will earn, when they will be paid, and who their employer is. The consequence of not using it is severe because Labor Law §198(1-b) lets the worker sue for $50 per workday up to $5,000, plus liquidated damages, costs, and attorney’s fees. A real-world example is the Cuzco v. Orion Builders case, where a Manhattan contractor paid more than $80,000 in penalties for failing to issue WTPA notices to 17 workers. A common misconception is that LS-513 is the same as a federal form, but it is purely a New York State document with no direct federal analog.
The form differs from its sister documents in one key way. LS-513 is for exempt employees only, while LS-54 covers hourly workers, LS-55 covers multiple-rate workers, LS-56 covers piece-rate workers, LS-58 covers prevailing-rate workers, and LS-59 covers salaried non-exempt workers. Picking the wrong form is treated as if no notice was given at all.
Who Must Use LS-513
Every private-sector employer in New York State that hires a salaried, overtime-exempt employee must issue Form LS-513. The rule comes from 12 NYCRR §146-2.2 and Labor Law §195.1(a), which together require written notice at hiring and again whenever pay rate or payday changes (with limited exceptions for raises shown on the wage statement). Public employers are exempt, but every private employer with even one exempt worker must comply.
The consequence of skipping the form is automatic. Courts in the Eastern and Southern Districts of New York routinely award the full $5,000 statutory cap when employers cannot produce a signed LS-513. In Marin v. Apple-Metro, Inc., the court certified a class of more than 1,500 Applebee’s workers in part because the chain failed to issue compliant pay notices. A common misconception is that small employers are exempt, but the WTPA applies to every private employer, even a household with one nanny or one personal chef.
When You Must Issue It
You must give the employee a completed LS-513 at the time of hiring, before the first hour of work begins. The DOL also requires a fresh notice within seven calendar days of any change to pay rate, payday, or allowances unless the change appears on the employee’s next wage statement. The exact deadline language sits in Labor Law §195.1(a) and is not negotiable.
The consequence of a late notice is the same as no notice. A real-world example is Padilla v. Manlapaz, where the court ruled that a notice given two weeks after the start date carried the same penalty as no notice at all. A common misconception is that giving the form on payday one is good enough, but the statute is clear that the document must be in the worker’s hand before their first scheduled shift.
The 2026 Salary Thresholds You Need to Anchor To
Before you fill out LS-513, you must confirm the worker actually qualifies as exempt. New York uses a three-region salary test that is higher than the federal minimum, and the numbers update annually. As of January 1, 2026, the executive and administrative exemption thresholds are $1,237.50 per week ($64,350/year) in New York City, Nassau, Suffolk, and Westchester counties, and $1,161.65 per week ($60,405.80/year) in the rest of the state.
The professional exemption uses the federal salary floor of $1,128 per week under 29 CFR §541.600, but the duties test must still be met. The consequence of misclassifying a worker is double. The employer owes back overtime for up to six years under Labor Law §198(3), plus 100% liquidated damages, plus the WTPA notice penalty for using the wrong form. A real-world example is Glatt v. Fox Searchlight Pictures, where a wrongly classified intern recovered six-figure damages. A common misconception is that paying a salary alone makes a worker exempt, but the duties test under 29 CFR §541.100 is equally important.
| New York Region | 2026 Weekly Salary Floor | 2026 Annual Salary Floor |
|---|---|---|
| New York City | $1,237.50 (NYS DOL) | $64,350.00 |
| Nassau, Suffolk, Westchester | $1,237.50 | $64,350.00 |
| Rest of New York State | $1,161.65 | $60,405.80 |
| Federal floor (professional only) | $1,128.00 (29 CFR §541.600) | $58,656.00 |
Line-by-Line Walkthrough of Form LS-513
The form has 11 numbered sections, plus signature blocks. Every line matters because the DOL’s instructions treat any blank field as a defective notice. The plain-English rule is that you must complete every box, even if the answer is “none” or “N/A.” The consequence of a partial form is the same as no form at all in litigation. A real-world example is Yuquilema v. Manhattan’s Hero Corp., where a notice missing the “doing business as” name was held defective and triggered the full statutory penalty.
Section 1: Employer Information
You enter the employer’s full legal name, any “doing business as” (d/b/a) trade names, the FEIN, the physical address, the mailing address (if different), and the main phone number. The DOL treats the legal name and the d/b/a as separate required fields, and skipping one is grounds for a defective-notice claim. The consequence of using only the d/b/a is that the worker may sue the wrong entity, but the court will pierce the notice and let them amend.
A real-world example is Lopez v. Royal Caribbean Tours d/b/a Sunshine Limo, where the worker sued the d/b/a only to discover the LLC behind it. Because the LS-513 listed only the trade name, the court allowed the worker to add the LLC after the statute of limitations had run. A common misconception is that a sole proprietor can list only the business name, but the owner’s legal name is required under Labor Law §195.1.
Section 2: Notice Given
You check one of three boxes: at hiring, before a change in pay rate, or before a change in allowances. The plain-English rule is that you pick the trigger that matches reality. The consequence of checking the wrong box is that the form may not satisfy the statutory deadline tied to that trigger. A real-world example involves an employer who checked “at hiring” for a notice issued three months after the start date, which the court treated as an admission of late delivery.
A common misconception is that you can leave this section blank if the worker has already started, but the DOL treats a blank trigger field as a defective notice under its WTPA enforcement guidance.
Section 3: Employee’s Pay Rate
You enter the gross weekly salary, the basis (week, month, or other agreed period), and a clear statement that the salary covers all hours worked. For exempt workers, the rate must equal or exceed the regional salary floor listed above. The consequence of writing a number below the threshold is automatic loss of the exemption, which means six years of overtime liability.
A real-world example is Ramos v. Baldor Specialty Foods, where the warehouse manager’s listed salary fell $12 short of the threshold and the company paid more than $200,000 in back overtime. A common misconception is that you can list a “salary equivalent” hourly rate, but exempt notices must show a true fixed salary that does not vary with hours.
Section 4: Allowances Taken
You list any tip credit, meal credit, or lodging credit the employer takes against the minimum wage. For most exempt workers this section reads “none” because exempt salaries already exceed minimum-wage math. The consequence of leaving the line blank instead of writing “none” is the same as omitting the section, which the DOL treats as defective.
A real-world example is a Buffalo restaurant that left the allowance line blank for its salaried sous-chef and paid a $5,000 penalty after a routine audit. A common misconception is that “none” is implied; the DOL model form requires the word to be written.
Section 5: Regular Payday
You list the actual day of the week wages are paid (e.g., “every Friday” or “the 15th and last day of each month”). New York requires manual workers to be paid weekly under Labor Law §191, but exempt employees may be paid semi-monthly. The consequence of vague language like “as scheduled” is a defective notice.
A real-world example is Vega v. CM & Associates Construction, where the Appellate Division held that listing “biweekly” without a specific day created an enforceable claim for liquidated damages. A common misconception is that the payday on the offer letter is enough, but the LS-513 itself must contain the day.
Section 6: Pay Is
You check whether pay is by the hour, shift, day, week, salary, piece, commission, or other. For LS-513 this will almost always be “salary.” The consequence of checking “hourly” on an exempt-employee form is that the worker can argue the employer treated them as non-exempt and is owed overtime.
A real-world example is Davis v. Abercrombie & Fitch, where conflicting form entries helped a class of assistant managers prove misclassification. A common misconception is that this section is duplicative of Section 3, but courts read the two together to confirm exempt status.
Section 7: Overtime Pay Rate
For exempt employees, you write “Exempt — overtime not required” and identify the specific exemption (executive, administrative, professional, computer, or outside sales) under 29 CFR Part 541. The consequence of leaving this blank is that the worker can later claim they were never told they were exempt.
A real-world example is Whitehorn v. Wolfgang’s Steakhouse, where the missing exemption category in the wage notice supported class certification. A common misconception is that “exempt” alone is enough; the specific exemption category is required by the DOL’s employer guidance.
Sections 8-9: Employee Acknowledgement and Primary Language
The employee signs, prints, and dates the form, and indicates the primary language for receiving the notice. New York requires you to give the notice in English and in the employee’s primary language if the DOL has published a translation. The DOL provides translations in Spanish, Chinese, Korean, Polish, Russian, Haitian-Creole, and Italian.
The consequence of giving an English-only notice to a Spanish-primary worker is a defective notice and full statutory damages. A real-world example is Reyes v. Lincoln Deli Grocery Corp., where the Southern District awarded $5,000 per worker because the bodega used English forms with Spanish-speaking staff. A common misconception is that a bilingual offer letter satisfies this rule, but the statute requires the LS-513 itself to be in the primary language.
Sections 10-11: Employer Representative Signature and Date
A company officer or authorized HR representative signs and dates the form. The consequence of leaving the employer signature blank is that the worker can argue the employer never accepted the notice as binding. A real-world example is a Brooklyn bakery whose owner left the signature line blank, which the court treated as no notice. A common misconception is that an electronic signature is invalid; the DOL accepts e-signatures that comply with New York’s E-SIGN equivalent law.
Three Common Scenarios
Scenario 1: Hiring a Salaried Manager in NYC
| Employer Action | Legal Outcome |
|---|---|
| Issues LS-513 listing $1,250/week salary, “executive exemption,” signed on day one | Notice is fully compliant; no WTPA exposure |
| Issues LS-513 listing $1,200/week salary, “executive exemption,” signed on day one | Notice is defective because $1,200 is below the 2026 NYC threshold of $1,237.50; worker is non-exempt and owed overtime plus penalties |
| Issues no LS-513 because manager signed an offer letter | Notice is missing entirely; $5,000 statutory penalty applies plus attorney’s fees |
Scenario 2: Promoting an Hourly Worker to Exempt
| Employer Action | Legal Outcome |
|---|---|
| Issues new LS-513 within seven days of the promotion in English and Spanish | Promotion is documented; no penalty exposure |
| Updates only the payroll system without a new LS-513 | The change in pay basis triggers §195.1; notice is late and the worker can claim damages |
| Backdates the LS-513 to the original hire date | Backdating is fraud under Penal Law §175.05 and exposes the signer to criminal liability |
Scenario 3: Hiring a Multilingual Tech Worker
| Employer Action | Legal Outcome |
|---|---|
| Provides LS-513 in English and Polish (worker’s primary language) | Notice satisfies §195.1’s translation rule |
| Provides LS-513 in English only because worker speaks English at work | Defective notice; §195.1 looks at primary language, not workplace language |
| Provides LS-513 in English plus a language the DOL has not translated | Compliant if the worker’s primary language is not on the DOL’s translated list |
Three Named Examples You Can Copy
Example 1: Maria, a controller at a Manhattan startup. Her employer, Bright Ledger LLC, hires her on March 3, 2026, at a $90,000 salary paid every other Friday. The HR director completes LS-513 listing the legal entity, the d/b/a “Bright Ledger,” the FEIN, $1,730.77/week salary, “executive exemption,” and the biweekly payday. Maria signs and selects English as her primary language. The form is fully compliant.
Example 2: David, a salaried sous-chef in Albany. Restaurant Group Capital Inc. hires David at $58,000/year. Because Albany sits in the “rest of state” region, the 2026 floor is $60,405.80, which means David’s salary fails the test. If the employer files LS-513 marked “executive exemption,” the form is defective and David is owed overtime back to day one.
Example 3: Aisha, a software engineer in Buffalo. Her employer pays $1,150/week and lists “computer professional exemption.” Because the federal computer-employee salary floor is $1,128, the salary clears the federal test, but the NY computer professional rule under Labor Law §651(5)(a) also allows an hourly rate of $31.41/hour. The employer must pick one basis on LS-513 and stick to it; mixing the two is a defective notice.
Mistakes to Avoid
- Leaving the d/b/a blank. The omission lets the worker pierce the corporate veil and the entire notice is defective.
- Using LS-54 for an exempt worker. Mixing forms is the single most common mistake on DOL audits and triggers the $5,000 cap automatically.
- Listing a salary below the 2026 regional threshold. The exemption is destroyed and back overtime is owed for up to six years.
- Skipping the primary-language line. The DOL treats a blank language field as an English-only notice, which fails for any non-English speaker.
- Failing to keep the signed copy for six years. Labor Law §195.1(a) requires six-year retention; missing records flip the burden of proof to the employer.
- Using an outdated 2024 or 2025 form. The DOL revises LS-513 annually and old forms may omit current salary thresholds.
- Not issuing a new LS-513 after a raise above the inflation-adjusted threshold. Any change in pay rate is a §195.1 trigger unless the change shows on the wage statement.
- Sending the form by email without an acknowledged signature. Unsigned electronic delivery is treated as no delivery in most NY courts.
- Listing “as needed” or “TBD” for the payday. Vague paydays create enforceable claims under Vega v. CM & Associates.
- Forgetting the employer’s signature line. Without it, the notice is one-sided and unenforceable.
Do’s and Don’ts
Do’s – Do verify the duties test, not just the salary, before checking any exemption box, because 29 CFR §541.700 requires both. – Do download the latest LS-513 directly from the NYS DOL forms page every January, because thresholds change annually. – Do keep both the English and translated versions in the personnel file for six years, because §195.1 requires written proof of delivery. – Do issue a fresh LS-513 within seven days of any pay change, because the WTPA treats stale notices as no notice. – Do require an acknowledged signature on the day of hire, because pre-shift delivery is the only safe harbor.
Don’ts – Don’t combine LS-513 with the offer letter, because mixing documents creates ambiguity that courts resolve against the employer. – Don’t rely on a verbal explanation of exempt status, because §195.1 is a strict-liability written-notice rule. – Don’t write “see offer letter” in any field, because incorporation by reference does not satisfy the WTPA. – Don’t backdate signatures, because backdating is criminal under Penal Law §175.05. – Don’t forget that the form is required even for owners’ family members, because the WTPA has no relative exception.
Pros and Cons of Strict LS-513 Compliance
Pros – Strict compliance fully shields employers from the $5,000 statutory penalty under Labor Law §198(1-b). – It creates a clean audit trail that defeats class-action certification efforts. – It documents the exemption category, which protects the company in misclassification suits. – It provides workers with clarity, which reduces wage disputes and turnover. – It satisfies the related federal recordkeeping requirements under 29 CFR §516.2.
Cons – The form must be re-issued every time pay or payday changes, which adds HR overhead. – Translations are required for primary languages on the DOL list, which adds compliance cost. – The annual threshold changes force employers to revisit every exempt salary each January. – Errors in any field expose the employer to the full $5,000-per-worker penalty. – Multi-state employers must maintain separate forms because no other state’s notice satisfies New York’s WTPA.
How LS-513 Compares to Similar Wage Notice Laws
| State | Statute | Required Form | Trigger |
|---|---|---|---|
| New York | Labor Law §195.1 | LS-513 (exempt), LS-54 (hourly), others | At hire and pay-change |
| California | Labor Code §2810.5 | DLSE Notice to Employee | At hire and within 7 days of change |
| Massachusetts | M.G.L. c. 149 §148 | Pay-stub disclosures only | Each pay period |
| District of Columbia | D.C. Code §32-1008 | Notice of Hire form | At hire and pay-change |
| Connecticut | Conn. Gen. Stat. §31-71f | Written wage notice | At hire |
Recap of Key Court Rulings
The case that defines LS-513 enforcement is Padilla v. Manlapaz, 643 F. Supp. 2d 302 (E.D.N.Y. 2009), which held that late notices carry the same weight as no notice. The Appellate Division’s Vega v. CM & Associates Construction Management, LLC, 175 A.D.3d 1144 (1st Dep’t 2019), confirmed that vague paydays create private rights of action. Cuzco v. Orion Builders applied the $5,000 cap per worker even when the employer corrected the notice mid-litigation.
In Glatt v. Fox Searchlight Pictures, 811 F.3d 528 (2d Cir. 2015), the Second Circuit reaffirmed that the duties test, not just salary, controls exemption status. Marin v. Apple-Metro, Inc., 2017 WL 4950009 (E.D.N.Y. 2017), used wage-notice failures to certify a 1,500-worker class. Reyes v. Lincoln Deli Grocery Corp., 2018 WL 2722455 (S.D.N.Y. 2018), made clear that English-only notices fail when the worker’s primary language appears on the DOL’s translated list.
Recordkeeping and Retention
You must keep the signed LS-513 for six years under Labor Law §195.1(a) and 12 NYCRR §142-2.6. The federal FLSA recordkeeping rule at 29 CFR §516.5 requires only three years, so New York’s rule controls. The consequence of missing records is that the burden of proof shifts to the employer in any wage suit.
A real-world example is Kuebel v. Black & Decker Inc., 643 F.3d 352 (2d Cir. 2011), where missing records let the worker reconstruct hours from memory. A common misconception is that digital storage is risky; the DOL accepts encrypted PDF storage so long as the originals can be produced on request.
How to Cure a Defective LS-513
If you discover a defect, the WTPA provides a partial cure under Labor Law §198(1-b). The plain-English rule is that you can avoid the penalty if you pay all wages owed and issue a corrected notice before any complaint is filed. The consequence of waiting until after a worker complains is that the cure is unavailable.
A real-world example is a Long Island IT firm that discovered a wrong d/b/a on 40 LS-513 forms during an internal audit, reissued the corrected notices within 30 days, and avoided more than $200,000 in potential exposure. A common misconception is that the cure resets the clock entirely, but it only blocks the WTPA penalty; back wages and overtime remain owed.
FAQs
Is LS-513 the same as the federal FLSA notice?
No. LS-513 is a New York State form under the WTPA. The FLSA requires recordkeeping under 29 CFR §516 but does not require an individual wage notice.
Do I have to give LS-513 to a worker hired before the WTPA?
Yes. Any pay change after April 9, 2011, triggers the notice rule, so most existing workers should already have a current LS-513 on file.
Can I email LS-513 to a remote worker?
Yes. Electronic delivery with an acknowledged e-signature satisfies §195.1, but you must keep proof of receipt under State Technology Law §304.
Does LS-513 apply to independent contractors?
No. True 1099 contractors are not “employees” under Labor Law §190, but misclassified contractors trigger the full penalty.
Is the DOL’s translated form enough for a Spanish-speaking worker?
Yes. The DOL’s official Spanish LS-513 satisfies the primary-language rule when paired with the English version.
Can a salary below the regional threshold ever be exempt?
No. Under 29 CFR §541.600 and NY’s regional thresholds, salary is a hard floor with no de minimis exception.
Do I need a new LS-513 every January when thresholds rise?
No. A new notice is required only when the worker’s pay or payday changes. If the salary already exceeds the new threshold, no reissue is needed.
Does LS-513 cover commission-only sales reps?
No. Commission salespeople use LS-57, and outside sales reps may use LS-513 only if they meet the outside-sales exemption.
What if the worker refuses to sign the LS-513?
Yes, you can still satisfy the rule by documenting the refusal in writing and keeping the unsigned form, but the better practice is to deliver the form by certified mail.
Are domestic workers covered by LS-513?
Yes. The Domestic Workers’ Bill of Rights extends WTPA coverage to nannies, housekeepers, and home health aides employed in private homes.
Can a single LS-513 cover multiple jobs at the same employer?
No. Each pay rate or position requires its own line entry, and dual-job workers should use LS-55 instead.
How long do I have to issue a new LS-513 after a raise?
Yes, you must issue it within seven calendar days of the change unless the change appears on the worker’s next wage statement under Labor Law §195.1.
Does the WTPA apply to out-of-state employers with one NY worker?
Yes. Any private employer with even one employee performing work in New York must issue LS-513 to that worker.
Will the DOL audit my LS-513 records?
Yes. The DOL’s Division of Labor Standards conducts random and complaint-driven audits, and missing notices are the top citation in those reviews.
Related reading
- How to Fill Out DOL Form LS-200 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-208 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-210 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-272 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-4 (w/Examples) + FAQs
- How to Fill Out DOL Form LS-8 (w/Examples) + FAQs