Senate Bill S8453

2023-2024 Legislative Session

Provides that the commissioner of labor shall notify the commissioner of taxation and finance of certain violations of the labor law

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor 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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2023-S8453 (ACTIVE) - Details

See Assembly Version of this Bill:
A9079
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §219, Lab L; amd §1134, Tax L

2023-S8453 (ACTIVE) - Summary

Provides that the commissioner of labor shall notify the commissioner of taxation and finance of certain violations of the labor law relating to wages and hours of labor; provides that the commissioner of taxation and finance shall suspend certain certificates of authority of such employers in violation of such provisions.

2023-S8453 (ACTIVE) - Sponsor Memo

2023-S8453 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8453
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the tax law, in relation to suspending
   certain certificates of authority of employers who are in violation of
   certain provisions of the labor law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 219 of the labor law, as amended
 by chapter 564 of the laws of 2010, the  opening  paragraph  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. (A) (I) If the commissioner determines that an employer has  failed
 to  pay wages, benefits or wage supplements required pursuant to article
 six (payment of wages), article nineteen (minimum wage act)  or  article
 nineteen-A  (minimum  wage  standards and protective labor practices for
 farm workers) of this chapter, or a rule or regulation promulgated ther-
 eunder, the commissioner shall issue to the employer an order  directing
 compliance  therewith,  which  shall describe particularly the nature of
 the alleged violation. A copy of such order shall  be  provided  to  any
 employee  who  has filed a complaint and to his or her authorized repre-
 sentative. Such order shall direct payment of wages or supplements found
 to be due, liquidated damages in the amount of one  hundred  percent  of
 unpaid  wages,  and  interest  at the rate of interest then in effect as
 prescribed by the  superintendent  of  financial  services  pursuant  to
 section  fourteen-a  of  the  banking law per annum from the date of the
 underpayment to the date of the payment.
   (II) At the discretion of the  commissioner,  the  commissioner  shall
 have  full  authority  to  provide for inclusion of an automatic fifteen
 percent additional amount of damages to come due and owing upon  expira-
 tion  of ninety days from an order to comply becoming final. The commis-
 sioner shall provide written notice to the  employer  in  the  order  to
 comply of this additional damage.
   (B)(I)  IF THE COMMISSIONER DETERMINES THE EMPLOYER IS IN VIOLATION OF
 ARTICLE SIX (PAYMENT OF WAGES), ARTICLE  NINETEEN  (MINIMUM  WAGE  ACT),
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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