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
                               ___________

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.