Senate Bill S8380

Signed By Governor
2009-2010 Legislative Session

Establishes the wage theft prevention act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2009-S8380 (ACTIVE) - Details

See Assembly Version of this Bill:
A11726
Law Section:
Labor Law
Laws Affected:
Amd Lab L, generally

2009-S8380 (ACTIVE) - Summary

Establishes the wage theft prevention act providing for certain notifications to employees in their primary languages and protections for employees.

2009-S8380 (ACTIVE) - Sponsor Memo

2009-S8380 (ACTIVE) - Bill Text download pdf

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

                                  8380

                            I N  S E N A T E

                              June 27, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in  relation  to  establishing  the  wage
  theft prevention act

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

  Section 1. This act shall be known and may be cited as the "wage theft
prevention act".
  S 2. Section 2 of the labor law is amended by adding a new subdivision
16 to read as follows:
  16. ALL REFERENCES TO LABOR LAW, CHAPTER, ARTICLE OR SECTION SHALL  BE
DEEMED  TO  INCLUDE ANY RULE, REGULATION OR ORDER PROMULGATED THEREUNDER
OR RELATED THERETO.
  S 3.  Subdivisions 1, 2, 3 and 4 of section 195 of the labor  law,  as
added by chapter 548 of the laws of 1966 and subdivision 1 as amended by
chapter 270 of the laws of 2009, are amended to read as follows:
  1.  (A)  [notify]  PROVIDE his or her employees, in writing IN ENGLISH
AND IN THE LANGUAGE IDENTIFIED BY EACH EMPLOYEE AS THE PRIMARY  LANGUAGE
OF  SUCH EMPLOYEE, at the time of hiring [of], AND ON OR BEFORE FEBRUARY
FIRST OF EACH SUBSEQUENT YEAR OF  THE  EMPLOYEE'S  EMPLOYMENT  WITH  THE
EMPLOYER,  A  NOTICE  CONTAINING  THE FOLLOWING INFORMATION: the rate OR
RATES of pay and [of] BASIS THEREOF, WHETHER PAID BY  THE  HOUR,  SHIFT,
DAY,  WEEK,  SALARY,  PIECE,  COMMISSION,  OR OTHER; ALLOWANCES, IF ANY,
CLAIMED AS PART OF THE MINIMUM WAGE, INCLUDING  TIP,  MEAL,  OR  LODGING
ALLOWANCES; the regular pay day designated by the employer in accordance
with  section one hundred ninety-one of this article[, and]; THE NAME OF
THE EMPLOYER; ANY "DOING BUSINESS AS" NAMES USED BY  THE  EMPLOYER;  THE
PHYSICAL  ADDRESS  OF  THE  EMPLOYER'S MAIN OFFICE OR PRINCIPAL PLACE OF
BUSINESS, AND A MAILING ADDRESS IF DIFFERENT; THE  TELEPHONE  NUMBER  OF
THE  EMPLOYER;  PLUS  SUCH  OTHER  INFORMATION AS THE COMMISSIONER DEEMS
MATERIAL AND NECESSARY. EACH TIME THE EMPLOYER PROVIDES SUCH  NOTICE  TO
AN  EMPLOYEE,  THE  EMPLOYER SHALL obtain FROM THE EMPLOYEE a SIGNED AND
DATED written acknowledgement [from each employee], IN  ENGLISH  AND  IN
THE  PRIMARY  LANGUAGE OF THE EMPLOYEE, of receipt of this notice, WHICH

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

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