senate Bill S3497A

Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 17 / Jan / 2014
    • PRINT NUMBER 3497A

Summary

Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex; directs the commissioner of labor to study and report upon wage differential among men and women, and between minorities and non-minorities.

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Bill Details

Versions:
S3497
S3497A
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง197 & 198-a, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S7351A

Sponsor Memo

BILL NUMBER:S3497A

TITLE OF BILL: An act to amend the labor law, in relation to
increasing the fines for employers not lawfully paying the wages of
his or her employees; and to direct the commissioner of labor to issue
a report on wage differential among men and women and between
minorities and non-minorities

PURPOSE: To increase civil and criminal penalties for failures to pay
wages or to differentiate the rate of pay based on sex.

SUMMARY OF PROVISIONS:

Section 1- Increases the civil penalties under section 197-a of the
labor law from $500.00 to S 1000.00.

Section 2- Increases the criminal penalties under section 198-a of the
labor law from $500.00 to not more than $20,000 to $1,000 to not more
than $25,000 and subsequent violation occurring within 6 years
resulting in felony is now reduce to five years for felony
application.

Section 3- Requires the Commissioner of Labor, in consultation with
the Empire State Development Corporation, Department of Civil Service,
and other state agencies, together with the Business Council and the
New York State AFL-CIO, a statewide women's economic empowerment
organization and any other group or organization the commissioner may
deem appropriate, shall issue a report by May 1, 2015.

Among the issues to be reviewed by the Commissioner shall include, but
not limited to:

- research of the trends in this area in the public and private sector
including labor organizations within the State of New York;

- identify the major issues relating to wage differential within the
public and private sector including cost to the state, local
governmental units and private sector businesses for compliance with
wage differential compliance;

- providing legislative and policy recommendations regarding wage
differential including sanctions and penalties;

- issues concerning the enforcement and adequacy of current state laws
related to such issues, including section 194 of the labor law;

- laws and policies in other states that deal with the wage
differential and wage discrimination and;

- investigation of the relative weight of discrimination and other
factors that may lead to the wage differential.

Section 4- Contains the effective date

EXISTING LAW: Currently, civil fine is $500.00 and criminal fine is
$500.00


JUSTIFICATION: Two comparable worth studies were undertaken in 1985;
one in New York State and one in California. The New York Study was
utilized to propose changing civil service grade levels of many
titles.

Many of the California findings which consisted of literature review
and public testimony were restated in the 2003 Government Accounting
Office (GAO).

There exists a need in 2012 for a comprehensive review and examination
of this issue.

Nonetheless, increases in the penalties and fines for civil and
criminal violations should not have to await the outcome of any study.

LEGISLATIVE HISTORY: 2013: S. 3497 Referred to Labor 2012: S. 7351-A
Committed to Rules 2008: S. 7521 Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 3497--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the labor law, in relation to increasing the fines for
  employers not lawfully paying the wages of his or her  employees;  and
  to  direct the commissioner of labor to issue a report on wage differ-
  ential among men and women and between minorities and non-minorities

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

  Section  1. Section 197 of the labor law, as amended by chapter 564 of
the laws of 2010, is amended to read as follows:
  S 197. Civil penalty. Any employer who fails to pay the wages  of  his
employees  or  shall  differentiate  in  rate  of pay because of sex, as
provided in this article, shall forfeit to the people of the  state  the
sum  of [five hundred] ONE THOUSAND dollars for each such failure, to be
recovered by the commissioner in any legal action  necessary,  including
administrative action or a civil action.
  S  2.  Subdivision  1 of section 198-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  1. Every employer who does not pay the wages of all of  his  employees
in  accordance with the provisions of this chapter, and the officers and
agents of any corporation, partnership, or limited liability company who
knowingly permit the  corporation,  partnership,  or  limited  liability
company  to  violate  this chapter by failing to pay the wages of any of
its employees in accordance with the provisions thereof, shall be guilty
of a misdemeanor for the first  offense  and  upon  conviction  therefor
shall  be  fined not less than [five hundred] ONE THOUSAND nor more than
[twenty] TWENTY-FIVE thousand dollars or imprisoned for  not  more  than
one year, and, in the event that any second or subsequent offense occurs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08355-02-4

S. 3497--A                          2

within  [six]  FIVE years of the date of conviction for a prior offense,
shall be guilty of a felony for the second or  subsequent  offense,  and
upon  conviction  therefor,  shall be fined not less than [five hundred]
ONE  THOUSAND  nor  more  than  [twenty] TWENTY-FIVE thousand dollars or
imprisoned for not more than one year plus one day, or punished by  both
such  fine  and  imprisonment, for each such offense. An indictment of a
person or corporation operating a steam surface railroad for an  offense
specified  in  this  section may be found and tried in any county within
the state in which such railroad ran at the time of such offense.
  S 3. The commissioner of labor, in consultation with the empire  state
development  corporation,  department  of  civil service and other state
agencies, together with the New York state business council and New York
state AFL-CIO, a statewide women's economic empowerment organization and
any other group or organization  that  the  commissioner  of  labor  may
consult  with, shall issue or cause to be issued to the governor, tempo-
rary president of the senate, speaker of the assembly and the respective
chair of the labor committee in the senate and assembly a report  on  or
before  May  1, 2015 on issues relating to the wage differential between
men and women and between minorities and non-minorities in the same  job
and  jobs that are dissimilar but that required equivalent composites of
skill, welfare, responsibility and working in the  New  York  state  job
market. Such report shall include, but not be limited to:
  (a)  researching  the  trends  in  this area in the public and private
sector including labor organizations within the state;
  (b) identifying the major issues relating to wage differential  within
the public and private sector including cost to the state, local govern-
mental  units  and  private  sector  businesses for compliance with wage
differential compliance;
  (c) providing legislative and policy  recommendations  regarding  wage
differential including sanctions and penalties;
  (d)  issues  concerning  the enforcement and adequacy of current state
laws related to such issues, including section 194 of the labor law;
  (e) laws and policies in other states that deal with the wage  differ-
ential and with wage discrimination; and
  (f)  investigation  of the relative weight of discrimination and other
factors that may lead to the wage differential.
  S 4. This act shall take effect immediately.

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