Assembly Bill A768

2015-2016 Legislative Session

Includes bonus in the definition of wages for purposes of the labor law

download bill text pdf

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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

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2015-A768 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §190, add §193-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7619
2017-2018: A2500
2019-2020: A391
2021-2022: A262
2023-2024: A4283

2015-A768 (ACTIVE) - Summary

Includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared; relates to the forfeit of wages.

2015-A768 (ACTIVE) - Bill Text download pdf 

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

                                   768

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to  including  bonus  compen-
  sation in the definition of wages and forfeit of wages

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

  Section 1. Subdivision 1 of section 190 of the labor law,  as  amended
by  chapter 328 of the laws of 1972, is amended and a new subdivision 10
is added to read as follows:
  1. "Wages" means the earnings of an employee  for  labor  or  services
rendered,  regardless of whether the amount of earnings is determined on
a time, piece, commission, BONUS, or other basis. The term "wages"  also
includes  benefits or wage supplements as defined in section one hundred
ninety-eight-c of this article, except for the purposes of sections  one
hundred ninety-one and one hundred ninety-two of this article.
  10.    "BONUS" CONSTITUTES WAGES AS DEFINED IN SUBDIVISION ONE OF THIS
SECTION, REGARDLESS OF THE SOURCE OF REVENUE, WHEN (A) THE FORMULA UNDER
WHICH A BONUS IS DETERMINED IS CERTAIN AND  ALL  THE  DATA  UTILIZED  IN
CALCULATING  THE AMOUNT OF A BONUS UNDER THE FORMULA IS AVAILABLE TO THE
EMPLOYER OR (B) WHEN THE AMOUNT OF A BONUS  HAS  BEEN  DECLARED  BY  THE
EMPLOYER.
  S 2. The labor law is amended by adding a new section 193-a to read as
follows:
  S  193-A.  WAGES NON-FORFEITABLE. ALL WAGES COVERED UNDER THIS ARTICLE
SHALL BE NON-FORFEITABLE ONCE THE AMOUNT OF THE WAGE  IS  KNOWN  OR  CAN
WITH REASONABLE CERTAINTY BE KNOWN.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04403-01-5

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