Assembly Bill A8045

2013-2014 Legislative Session

Relates to securing payment of wages for work already performed; creates a wage lien

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2013-A8045 (ACTIVE) - Details

See Senate Version of this Bill:
S6658
Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §2, add Art 2-A §§39-aa - 39-hh, Lien L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2232
2017-2018: S579
2019-2020: S2844

2013-A8045 (ACTIVE) - Summary

Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft

2013-A8045 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8045

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the lien law, in relation to securing payment  of  wages
  for work already performed; to amend the civil practice law and rules,
  in  relation  to  grounds for attachment; to amend the business corpo-
  ration law, in relation to streamlining procedures where employees may
  hold  shareholders  of  non-publicly  traded  corporations  personally
  liable for wage theft; and to amend the limited liability company law,
  in  relation to creating a right for victims of wage theft to hold the
  ten  members  with  the  largest  ownership  interests  in  a  company
  personally liable for wage theft

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the lien law is amended  by  adding  four  new
subdivisions 21, 22, 23, and 24 to read as follows:
  21.  WAGE  CLAIMS.  THE TERM "WAGE CLAIMS," WHEN USED IN THIS CHAPTER,
SHALL INCLUDE ANY CLAIMS OF VIOLATIONS UNDER  ARTICLES  FIVE,  SIX,  AND
NINETEEN  OF  THE  LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS
PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT  LIMITED  TO
ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAW-
FULLY  RETAINED  GRATUITIES,  UNLAWFUL  DEDUCTIONS  FROM  WAGES,  UNPAID
COMMISSIONS, AND UNPAID BENEFITS AND WAGE SUPPLEMENTS,  AND  ANY  CLAIMS
PURSUANT  TO  18 U.S.C. S 1595, 29 U.S.C. S 206, 29 U.S.C. S 207, AND/OR
ANY EMPLOYMENT CONTRACT, AS WELL AS THE CONCOMITANT  LIQUIDATED  DAMAGES
AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STAN-
DARDS ACT, OR ANY EMPLOYMENT CONTRACT.
  22.  EMPLOYER. THE TERM "EMPLOYER," WHEN USED IN ARTICLE TWO-A OF THIS
CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE LABOR
LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-02-3

A. 8045                             2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.