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Assembly Bill A2122

2009-2010 Legislative Session

Broadens the definition of wages to include vacation time earned or due to an employee

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Archive: Last Bill Status - In Assembly Committee

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2009-A2122 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง190, Lab L

2009-A2122 (ACTIVE) - Summary

Broadens the definition of wages to include vacation time earned or due to an employee; provides further that vacation time once earned, accrued or awarded shall not be reduced, eliminated nor diminished by an employer, including any succeeding employer.

2009-A2122 (ACTIVE) - Bill Text download pdf 

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

                                  2122

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

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

AN ACT to amend the labor law, in relation to broadening the  definition
  of wages to include vacation time earned or due to an employee

  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 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 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.  THE TERM "WAGES"
SHALL ALSO INCLUDE TIME, OR THE VALUE  OF  TIME,  REPRESENTING  VACATION
TIME  EARNED  OR  DUE  AN  EMPLOYEE. VACATION TIME, PAID OR UNPAID, ONCE
EARNED, ACCRUED OR AWARDED SHALL NOT BE REDUCED, ELIMINATED, NOR  DIMIN-
ISHED  BY  AN  EMPLOYER,  INCLUDING  ANY SUCCEEDING EMPLOYER.   THE TERM
"SUCCEEDING EMPLOYER" SHALL MEAN A  NEW  EMPLOYER,  INCLUDING  A  CORPO-
RATION,  INDIVIDUAL,  PARTNERSHIP, OR ANY OTHER ENTITY WHICH ASSUMES THE
BURDEN OF PAYING WAGES AND IS INVESTED WITH RIGHTS OF A PREDECESSOR,  BY
MERGER, ACQUISITION, OR OTHER VALID AND LEGAL SUCCESSION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04150-01-9

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