senate Bill S5885

Amended

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention account

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Bill Status


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

actions

  • 18 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1632
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 13 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO LABOR
  • 13 / Jun / 2014
    • PRINT NUMBER 5885A
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 16 / Jun / 2014
    • PRINT NUMBER 5885B
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1605
  • 19 / Jun / 2014
    • SUBSTITUTED BY A8106C

Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

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Bill Details

Versions:
S5885
S5885A
S5885B
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Amd ยงยง195, 198, 218 & 219, Lab L

Sponsor Memo

BILL NUMBER:S5885

TITLE OF BILL: An act to amend the labor law, in relation to
increased penalties for violations of wage payment provisions

SUMMARY OF SPECIFIC PROVISIONS:

This would amend several sections of the labor law concerning wage
theft prevention.

JUSTIFICATION:

This would strike the annual notice requirement from the Wage Theft
Prevention Act in situations in which the same information is provided
in another manner. It would also increase penalties for employers'
failure to comply with certain sections of the Wage Theft Prevention
Act.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This would take effect on the sixtieth day after it shall have become
a law.

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

                                  5885

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations of wage payment provisions

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

  Section 1. Paragraph (a) of subdivision 1 of section 195 of the  labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring[, and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer], a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; any "doing
business  as"  names  used  by the employer; the physical address of the
employer's main office or principal place of  business,  and  a  mailing
address  if  different;  the telephone number of the employer; plus such
other information as the commissioner deems material and necessary. Each
time the employer provides such notice  to  an  employee,  the  employer
shall  obtain  from the employee a signed and dated written acknowledge-
ment, in English and in the primary language of the employee, of receipt
of this notice, which the employer shall preserve and maintain  for  six
years. Such acknowledgement shall include an affirmation by the employee
that  the  employee accurately identified his or her primary language to
the employer, and that the notice  provided  by  the  employer  to  such
employee  pursuant to this subdivision was in the language so identified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-01-3

S. 5885                             2

or otherwise complied with paragraph (c) of this subdivision, and  shall
conform  to  any additional requirements established by the commissioner
with regard to content and form. For all employees who  are  not  exempt
from  overtime compensation as established in the commissioner's minimum
wage orders or otherwise provided by New York state law  or  regulation,
the notice must state the regular hourly rate and overtime rate of pay;
  S  2.  Subdivisions  1-b  and  1-d of section 198 of the labor law, as
added by chapter 564 of the  laws  of  2010,  are  amended  to  read  as
follows:
  1-b.  If  any employee is not provided within ten business days of his
or her first day of employment a notice as required by  subdivision  one
of  section  one  hundred  ninety-five  of  this  article, he or she may
recover in a civil action damages of fifty dollars for each work  [week]
that  the  violations occurred or continue to occur, but not to exceed a
total of [two] TWELVE thousand five hundred dollars, together with costs
and reasonable attorney's fees. The court may also award  other  relief,
including  injunctive  and  declaratory  relief,  that  the court in its
discretion deems necessary or appropriate.
  On behalf of any employee not provided a notice as required by  subdi-
vision  one  of  section  one  hundred  ninety-five of this article, the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim, and as part of such legal action, in
addition to any other remedies and penalties otherwise  available  under
this  article,  the commissioner may assess against the employer damages
of fifty dollars for each work [week] that the  violations  occurred  or
continue to occur. In any action or administrative proceeding to recover
damages for violation of paragraph (d) of subdivision one of section one
hundred  ninety-five of this article, it shall be an affirmative defense
that (i) the employer made complete and timely payment of all wages  due
pursuant  to  this  article or article nineteen or article nineteen-A of
this chapter to the employee who was not provided notice as required  by
subdivision  one  of  section one hundred ninety-five of this article or
(ii) the employer reasonably believed in good  faith  that  it  was  not
required to provide the employee with notice pursuant to subdivision one
of section one hundred ninety-five of this article.
  1-d.  If  any  employee  is  not provided a statement or statements as
required by subdivision three of section one hundred ninety-five of this
article, he or she shall recover in a civil action damages of [one]  TWO
hundred FIFTY dollars for each work week that the violations occurred or
continue  to  occur,  but  not to exceed a total of [twenty-five] TWELVE
THOUSAND FIVE hundred dollars, together with costs and reasonable attor-
ney's fees. The court may also award other relief, including  injunctive
and declaratory relief, that the court in its discretion deems necessary
or appropriate.
  On  behalf  of  any  employee  not provided a statement as required by
subdivision three of section one hundred ninety-five  of  this  article,
the  commissioner may bring any legal action necessary, including admin-
istrative action, to collect such claim,  and  as  part  of  such  legal
action, in addition to any other remedies and penalties otherwise avail-
able under this article, the commissioner may assess against the employ-
er  damages  of  [one] TWO hundred FIFTY dollars for each work week that
the violations occurred or continue to occur. In any action or  adminis-
trative proceeding to recover damages for violation of subdivision three
of  section  one  hundred  ninety-five  of  this article, it shall be an
affirmative defense that (i)  the  employer  made  complete  and  timely
payment  of  all wages due pursuant to this article or articles nineteen

S. 5885                             3

or nineteen-A of this chapter to  the  employee  who  was  not  provided
statements as required by subdivision three of section one hundred nine-
ty-five of this article or (ii) the employer reasonably believed in good
faith  that  it was not required to provide the employee with statements
pursuant to paragraph (e) of subdivision  one  of  section  one  hundred
ninety-five of this article.
  S  3. Section 218 of the labor law is amended by adding a new subdivi-
sion 5 to read as follows:
  5. AN EMPLOYER SIMILAR IN OPERATION OR OWNERSHIP TO A  PRIOR  EMPLOYER
WHICH HAD BEEN FOUND IN VIOLATION OF ARTICLE SIX, NINETEEN OR NINETEEN-A
OF  THIS  CHAPTER, SHALL BE DEEMED THE SAME EMPLOYER FOR THE PURPOSES OF
THIS SECTION IF THE  EMPLOYEES  OF  THE  NEW  EMPLOYER  ARE  ENGAGED  IN
SUBSTANTIALLY THE SAME WORK IN SUBSTANTIALLY THE SAME WORKING CONDITIONS
UNDER  SUBSTANTIALLY THE SAME SUPERVISORS, OR IF THE SUBSEQUENT EMPLOYER
HAS SUBSTANTIALLY THE SAME PRODUCTION  PROCESS,  PRODUCES  SUBSTANTIALLY
THE SAME PRODUCTS AND HAS SUBSTANTIALLY THE SAME BODY OF CUSTOMERS. SUCH
SUBSEQUENT  EMPLOYER  SHALL  CONTINUE  TO BE SUBJECT TO THIS SECTION AND
LIABLE FOR THE ACTS OF THE PRIOR EMPLOYER UNDER THIS SECTION.
  S 4. Section 219 of the labor law is amended by adding a new  subdivi-
sion 4 to read as follows:
  4.  AN EMPLOYER SIMILAR IN OPERATION AND OWNERSHIP TO A PRIOR EMPLOYER
FOUND TO BE IN VIOLATION OF ARTICLE SIX, NINETEEN OR NINETEEN-A OF  THIS
CHAPTER,  SHALL  BE  DEEMED  THE  SAME EMPLOYER FOR THE PURPOSES OF THIS
SECTION IF THE EMPLOYEES OF  THE  SUBSEQUENT  EMPLOYER  ARE  ENGAGED  IN
SUBSTANTIALLY THE SAME WORK IN SUBSTANTIALLY THE SAME WORKING CONDITIONS
UNDER  SUBSTANTIALLY  THE  SAME  SUPERVISORS,  OR  IF THE NEW ENTITY HAS
SUBSTANTIALLY THE SAME PRODUCTION PROCESS,  PRODUCES  SUBSTANTIALLY  THE
SAME  PRODUCTS  AND HAS SUBSTANTIALLY THE SAME BODY OF CUSTOMERS. SUCH A
SUBSEQUENT EMPLOYER WILL CONTINUE TO BE  SUBJECT  TO  THIS  SECTION  AND
SHALL BE LIABLE FOR THE ACTS OF THE PRIOR EMPLOYER UNDER THIS SECTION.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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