senate Bill S626

Amended

Relates to actions brought by employees for unpaid wages; and creates the employee wage safety fund

download pdf

Sponsor

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 21 / Jan / 2014
    • AMEND AND RECOMMIT TO JUDICIARY
  • 21 / Jan / 2014
    • PRINT NUMBER 626A

Summary

Creates a fund for the compensation of unpaid or underpaid employees; requires the division of labor standards to provide instruction and assistance pertaining to tax filing and reporting requirements to persons who claim unpaid wages; directs the commissioner of taxation and finance to provide for the collection of income taxes from judgments for unpaid wages.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A168
Versions:
S626
S626A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5020-b, CPLR; add §99-u, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1534A, A5925A
2009-2010: S3192, A481

Sponsor Memo

BILL NUMBER:S626

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to
money judgments in satisfaction of actions
brought by employees for
unpaid or underpaid
wages;
to amend the state finance law, in relation to creating the
employee wage safety fund; and to require dissemination of certain
information
by the division of labor standards

PURPOSE OR GENERAL IDEA OF BILL:
In cases of money judgments in satisfaction of actions brought by
employees for unpaid or underpaid wages, the judgment debtor shall be
required to pay an amount equal to ten percent of such judgment into
the "employee wage safety fund". These funds shall be available to
make full or partial payments on judgments for unpaid or underpaid
wages where such judgments remain unsatisfied for a period of time to
be determined by the commissioner of labor. The commissioner of
taxation and finance will be directed to implement procedures to
provide for the payment or partial payment of income taxes due on
judgments for unpaid or underpaid wages at the time that the division
of labor standards distributes an award to an eligible employee. The
division of labor standards will provide people with assistance in
obtaining tax ID numbers and translation of tax information if needed,

SUMMARY OF SPECIFIC PROVISIONS:
The civil practice law and rules is
amended by adding a new section 5020-b: This bill will amend the
civil practice law and rules, in relation to money judgments in
satisfaction of actions brought by employees for unpaid or underpaid
wages; the state finance law is amended by adding a new section 99-u
in relation to creating the employee wage safety fund; and to require
dissemination of certain information by the division of labor standards

JUSTIFICATION:
Employees who file a complaint for unpaid and underpaid wages with the
division of labor standards will be provided either a social security
number or, in case of non-citizen or undocumented immigrant, his or
her tax identification number, Each applicant will be advised of his
or her duty to report his or her income to the department of taxation
and finance and shall provide him or her with an 1-1099 tax form.
Instructions and assistance, will be available to all applicants
completing such forms, including but not limited to, translation of
such instructions for non-English speaking individuals or those with
limited English proficiency

PRIOR LEGISLATIVE HISTORY:
This legislation was previously introduced.

FISCAL IMPLICATIONS:
None to the state.


EFFECTIVE DATE:
This act shall take effect immediately and shall apply
to taxable years beginning on and after January 1, 2014.

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

                                   626

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation  to  money
  judgments  in  satisfaction of actions brought by employees for unpaid
  or underpaid wages; to amend the state finance  law,  in  relation  to
  creating  the  employee wage safety fund; and to require dissemination
  of certain information by the division of labor standards

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "wage safety act".
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 5020-b to read as follows:
  S  5020-B.  JUDGMENTS;  TAXES PAID IN CERTAIN CASES. IN CASES OF MONEY
JUDGMENTS IN SATISFACTION OF ACTIONS BROUGHT BY EMPLOYEES FOR UNPAID  OR
UNDERPAID  WAGES, THE JUDGMENT DEBTOR SHALL BE REQUIRED TO PAY AN AMOUNT
EQUAL TO TEN PERCENT OF SUCH JUDGMENT INTO THE EMPLOYEE WAGE SAFETY FUND
ESTABLISHED IN SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.    MONIES
IN  SUCH  FUND  SHALL  BE  AVAILABLE TO MAKE FULL OR PARTIAL PAYMENTS ON
JUDGMENTS FOR UNPAID OR UNDERPAID  WAGES  WHERE  SUCH  JUDGMENTS  REMAIN
UNSATISFIED  FOR A PERIOD OF TIME TO BE SPECIFIED BY THE COMMISSIONER OF
LABOR.
  S 3. The state finance law is amended by adding a new section 99-u  to
read as follows:
  S  99-U. THE EMPLOYEE WAGE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE  A  FUND TO BE KNOWN AS THE "EMPLOYEE WAGE SAFETY
FUND."
  2. THE FUND SHALL CONSIST OF THE ADDITIONAL  FEE  OR  SUCH  CHARGE  ON
MONEY JUDGMENTS ENTERED AGAINST EMPLOYERS ON CLAIMS FOR UNPAID OR UNDER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03066-01-3

S. 626                              2

PAID WAGES PURSUANT TO SECTION FIVE THOUSAND TWENTY-B OF THE CIVIL PRAC-
TICE LAW AND RULES.
  3.  MONIES  FROM  THIS FUND SHALL BE PAYABLE TO EMPLOYEES WHO MEET THE
REQUIREMENTS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION ON THE  AUDIT
AND  WARRANT  OF  THE  COMPTROLLER  BASED  ON  VOUCHERS CERTIFIED BY THE
COMMISSIONER OF LABOR.
  4. THE COMMISSIONER OF LABOR SHALL CERTIFY VOUCHERS FOR  PAYMENTS  SET
FORTH IN SUBDIVISION THREE OF THIS SECTION UPON APPROVAL OF APPLICATIONS
BY  EMPLOYEES  FOR  COMPENSATION OR PAYMENTS BY THE FUND FOR UNSATISFIED
MONEY JUDGMENTS WHICH WERE  ENTERED  AGAINST  EMPLOYERS  FOR  UNPAID  OR
UNDERPAID  WAGES.    THE  COMMISSIONER  OF  LABOR  MAY AUTHORIZE FULL OR
PARTIAL PAYMENT ON CLAIMS BASED UPON CRITERIA SET FORTH  IN  REGULATIONS
TO BE ADOPTED AND IN CONSIDERATION OF THE AMOUNTS AVAILABLE THEREFOR.  A
JUDGMENT  SHALL  BE  CONSIDERED  UNSATISFIED WHERE THE DIVISION OF LABOR
STANDARDS IS UNABLE, AFTER REASONABLE EFFORTS ARE MADE, TO COLLECT  SUCH
JUDGMENT  AMOUNT FROM AN EMPLOYER OR FORMER EMPLOYER. AN EMPLOYEE MAKING
A CLAIM THROUGH THE DIVISION SHALL COOPERATE FULLY IN SUCH EFFORTS.
  S 4. The department of labor, by and through  the  division  of  labor
standards  shall  require  all  applicants filing a complaint for unpaid
wages with the division to provide either his  or  her  social  security
number or, in case of a noncitizen or undocumented immigrant, his or her
tax  identification  number. The division shall inform each applicant of
his or her duty to report his or her income to the department  of  taxa-
tion  and  finance and shall provide him or her with an I-1099 tax form.
The division shall make available  to  all  applicants  instruction  and
assistance  in  completing  such  forms,  including  but not limited to,
translation of such instructions for non-English speaking individuals or
those with limited English proficiency.
  S 5. The commissioner of taxation and finance is  hereby  directed  to
implement  procedures  to  provide for the payment or partial payment of
income taxes due on judgments for unpaid or underpaid wages at the  time
that the division of labor standards distributes an award to an eligible
employee.
  S  6. The commissioner of labor is hereby authorized to promulgate any
rules or regulations necessary for the implementation of this act on  or
before its effective date.
  S 7. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.