S T A T E O F N E W Y O R K
________________________________________________________________________
4349
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. HEASTIE, COLTON -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to employees' rights to
receive copies of compensation and deduction information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 193-a to
read as follows:
S 193-A. EMPLOYEES' RIGHTS TO COMPENSATION AND DEDUCTION INFORMATION.
1. EVERY EMPLOYER SHALL, SEMIMONTHLY OR AT THE TIME OF EACH PAYMENT OF
WAGES, FURNISH EACH OF HIS OR HER EMPLOYEES, EITHER AS A DETACHABLE PART
OF THE CHECK, DRAFT, OR VOUCHER PAYING THE EMPLOYEE'S WAGES, OR SEPA-
RATELY WHEN WAGES ARE PAID BY PERSONAL CHECK OR CASH, AN ITEMIZED STATE-
MENT IN WRITING SHOWING: (A) GROSS WAGES EARNED, (B) TOTAL HOURS WORKED
BY THE EMPLOYEE, EXCEPT FOR ANY EMPLOYEE WHOSE COMPENSATION IS SOLELY
BASED ON A SALARY AND WHO IS EXEMPT FROM PAYMENT OF OVERTIME, (C) ALL
DEDUCTIONS, PROVIDED, THAT ALL DEDUCTIONS MADE ON WRITTEN ORDERS OF THE
EMPLOYEE MAY BE AGGREGATED AND SHOWN AS ON ITEM, (D) NET WAGES EARNED,
(E) THE INCLUSIVE DATES OF THE PERIOD FOR WHICH THE EMPLOYEE IS PAID,
(F) THE NAME OF THE EMPLOYEE AND THE LAST FOUR DIGITS OF HIS OR HER
SOCIAL SECURITY NUMBER OR AN EMPLOYEE IDENTIFICATION NUMBER OTHER THAN A
SOCIAL SECURITY NUMBER, (G) THE NAME AND ADDRESS OF THE LEGAL ENTITY
THAT IS THE EMPLOYER, AND (H) ALL APPLICABLE HOURLY RATES IN EFFECT
DURING THE PAY PERIOD AND THE CORRESPONDING NUMBER OF HOURS WORKED AT
EACH HOURLY RATE BY THE EMPLOYEE. THE DEDUCTIONS MADE FROM PAYMENTS OF
WAGES SHALL BE RECORDED IN INK OR OTHER INDELIBLE FORM, PROPERLY DATED,
SHOWING THE MONTH, DAY, AND YEAR, AND A COPY OF THE STATEMENT OR A
RECORD OF THE DEDUCTIONS SHALL BE KEPT ON FILE BY THE EMPLOYER FOR AT
LEAST THREE YEARS AT THE PLACE OF EMPLOYMENT OR AT A CENTRAL LOCATION
WITHIN THE STATE OF NEW YORK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06700-01-9
A. 4349 2
2. AN EMPLOYER THAT IS REQUIRED BY THE PROVISIONS OF THIS SECTION OR
ANY OTHER LAW OR REGULATION TO KEEP THE INFORMATION REQUIRED BY SUBDIVI-
SION ONE OF THIS SECTION SHALL AFFORD CURRENT AND FORMER EMPLOYEES THE
RIGHT TO INSPECT OR COPY THE RECORDS PERTAINING TO THAT CURRENT OR
FORMER EMPLOYEE, UPON REASONABLE REQUEST TO THE EMPLOYER. THE EMPLOYER
MAY TAKE REASONABLE STEPS TO ASSURE THE IDENTITY OF A CURRENT OR FORMER
EMPLOYEE. IF THE EMPLOYER PROVIDES COPIES OF THE RECORDS, THE ACTUAL
COST OF REPRODUCTION MAY BE CHARGED TO THE CURRENT OR FORMER EMPLOYEE.
3. AN EMPLOYER WHO RECEIVES A WRITTEN OR ORAL REQUEST TO INSPECT OR
COPY RECORDS PURSUANT TO SUBDIVISION TWO OF THIS SECTION PERTAINING TO A
CURRENT OR FORMER EMPLOYEE SHALL COMPLY WITH THE REQUEST AS SOON AS
PRACTICABLE, BUT NO LATER THAN TWENTY-ONE CALENDAR DAYS FROM THE DATE OF
THE REQUEST. A VIOLATION OF THIS SUBDIVISION IS AN INFRACTION. IMPOSSI-
BILITY OF PERFORMANCE, NOT CAUSED BY OR A RESULT OF A VIOLATION OF LAW,
SHALL BE AN AFFIRMATIVE DEFENSE FOR AN EMPLOYER IN ANY ACTION ALLEGING A
VIOLATION OF THIS SUBDIVISION. AN EMPLOYER MAY DESIGNATE THE PERSON TO
WHOM A REQUEST UNDER THIS SUBDIVISION SHALL BE MADE.
4. AN EMPLOYEE SUFFERING INJURY AS A RESULT OF A KNOWING AND INTEN-
TIONAL FAILURE BY AN EMPLOYER TO COMPLY WITH SUBDIVISION ONE OF THIS
SECTION IS ENTITLED TO RECOVER THE GREATER OF ALL ACTUAL DAMAGES OR
FIFTY DOLLARS FOR THE INITIAL PAY PERIOD IN WHICH A VIOLATION OCCURS AND
ONE HUNDRED DOLLARS PER EMPLOYEE FOR EACH VIOLATION IN A SUBSEQUENT PAY
PERIOD, NOT EXCEEDING AN AGGREGATE PENALTY OF FOUR THOUSAND DOLLARS, AND
IS ENTITLED TO AN AWARD OF COSTS AND REASONABLE ATTORNEY'S FEES.
5. A FAILURE BY AN EMPLOYER TO PERMIT A CURRENT OR FORMER EMPLOYEE TO
INSPECT OR COPY RECORDS WITHIN THE TIME SET FORTH IN SUBDIVISION THREE
OF THIS SECTION ENTITLES THE CURRENT OR FORMER EMPLOYEE OR THE DEPART-
MENT TO RECOVER A SEVEN HUNDRED FIFTY DOLLAR PENALTY FROM THE EMPLOYER.
6. AN EMPLOYEE MAY ALSO BRING AN ACTION FOR INJUNCTIVE RELIEF TO
ENSURE COMPLIANCE WITH THIS SECTION, AND IS ENTITLED TO AN AWARD OF
COSTS AND REASONABLE ATTORNEY'S FEES.
7. THIS SECTION DOES NOT APPLY TO THE STATE, OR ANY CITY, COUNTY, CITY
AND COUNTY, DISTRICT, OR ANY OTHER GOVERNMENTAL ENTITY.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.