senate Bill S7351A

2011-2012 Legislative Session

Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
amended 7351a
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1077
May 02, 2012 referred to labor

Co-Sponsors

S7351 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§197 & 198-a, Lab L

S7351 - Summary

Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex; directs the commissioner of labor to study and report upon wage differential among men and women, and between minorities and non-minorities.

S7351 - Sponsor Memo

S7351 - Bill Text download pdf

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

                                  7351

                            I N  S E N A T E

                               May 2, 2012
                               ___________

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

AN ACT to amend the labor law, in relation to increasing the  fines  for
  employers  not  lawfully paying the wages of his or her employees; and
  to direct the commissioner of labor to issue a report on wage  differ-
  ential among men and women and between minorities and non-minorities

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

  Section 1. Section 197 of the labor law, as amended by chapter 564  of
the laws of 2010, is amended to read as follows:
  S  197.  Civil penalty. Any employer who fails to pay the wages of his
employees or shall differentiate in rate  of  pay  because  of  sex,  as
provided  in  this article, shall forfeit to the people of the state the
sum of [five hundred] ONE THOUSAND dollars for each such failure, to  be
recovered  by  the commissioner in any legal action necessary, including
administrative action or a civil action.
  S 2. Subdivision 1 of section 198-a of the labor law,  as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  1.  Every  employer who does not pay the wages of all of his employees
in accordance with the provisions of this chapter, and the officers  and
agents of any corporation, partnership, or limited liability company who
knowingly  permit  the  corporation,  partnership,  or limited liability
company to violate this chapter by failing to pay the wages  of  any  of
its employees in accordance with the provisions thereof, shall be guilty
of  a  misdemeanor  for  the  first offense and upon conviction therefor
shall be fined not less than [five hundred] ONE THOUSAND nor  more  than
[twenty]  TWENTY-FIVE  thousand  dollars or imprisoned for not more than
one year, and, in the event that any second or subsequent offense occurs
within [six] FIVE years of the date of conviction for a  prior  offense,
shall  be  guilty  of a felony for the second or subsequent offense, and
upon conviction therefor, shall be fined not less  than  [five  hundred]
ONE  THOUSAND  nor  more  than  [twenty] TWENTY-FIVE thousand dollars or
imprisoned for not more than one year plus one day, or punished by  both
such  fine  and  imprisonment, for each such offense. An indictment of a

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

Co-Sponsors

S7351A (ACTIVE) - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§197 & 198-a, Lab L

S7351A (ACTIVE) - Summary

Increases civil and criminal penalties for failure to pay wages or to differentiate the rate of pay based on sex; directs the commissioner of labor to study and report upon wage differential among men and women, and between minorities and non-minorities.

S7351A (ACTIVE) - Sponsor Memo

S7351A (ACTIVE) - Bill Text download pdf

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

                                 7351--A
    Cal. No. 1077

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sens.  LITTLE, ROBACH -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor -- reported
  favorably from said committee, ordered to  first  and  second  report,
  amended  on  second  report,  ordered  to  a  third reading, and to be
  reprinted as amended, retaining its place in the order of third  read-
  ing

AN  ACT  to amend the labor law, in relation to increasing the fines for
  employers not lawfully paying the wages of his or her  employees;  and
  to  direct the commissioner of labor to issue a report on wage differ-
  ential among men and women and between minorities and non-minorities

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

  Section  1. Section 197 of the labor law, as amended by chapter 564 of
the laws of 2010, is amended to read as follows:
  S 197. Civil penalty. Any employer who fails to pay the wages  of  his
employees  or  shall  differentiate  in  rate  of pay because of sex, as
provided in this article, shall forfeit to the people of the  state  the
sum  of [five hundred] ONE THOUSAND dollars for each such failure, to be
recovered by the commissioner in any legal action  necessary,  including
administrative action or a civil action.
  S  2.  Subdivision  1 of section 198-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  1. Every employer who does not pay the wages of all of  his  employees
in  accordance with the provisions of this chapter, and the officers and
agents of any corporation, partnership, or limited liability company who
knowingly permit the  corporation,  partnership,  or  limited  liability
company  to  violate  this chapter by failing to pay the wages of any of
its employees in accordance with the provisions thereof, shall be guilty
of a misdemeanor for the first  offense  and  upon  conviction  therefor
shall  be  fined not less than [five hundred] ONE THOUSAND nor more than
[twenty] TWENTY-FIVE thousand dollars or imprisoned for  not  more  than
one year, and, in the event that any second or subsequent offense occurs
within  [six]  FIVE years of the date of conviction for a prior offense,
shall be guilty of a felony for the second or  subsequent  offense,  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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