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

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Archive: Last Bill Status - In 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

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7351 - Bill Details

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

S7351 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7351

TITLE OF BILL:
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 differential
among men and women and between minorities and non-minorities

PURPOSE:
To increase civil and criminal penalties for
failures to pay
wages or to differentiate the rate of pay based on sex.

SUMMARY OF PROVISIONS:
Section 1- Increases the civil penalties under section 197-a of the
labor law from $500.00 to $1000.00.

Section 2- Increases the criminal penalties under section 198-a of the
labor law from $500.00 to not more than $20,000 to $1,000 to not
more than $25,000 and subsequent violation occurring within 6 years
resulting in felony is now reduce to five years for felony application.

Section 3- Requires the Commissioner of Labor, in consultation with
the Empire State Development Corporation, Department of Civil
Service, and other state agencies, together with the Business Council
and the New York State AFL-CIO and any other group or organization
the commissioner may deem appropriate, shall issue a report by May
1, 2013.

Among the issues to be reviewed by the Commissioner shall include, but
not limited to:

-research of the trends in this area in the public and private sector
including labor organizations within the State of New York;
- identify the major issues relating to wage differential within the
public and private sector including cost to the state, local
governmental units and private sector businesses for compliance with
wage differential compliance;
- providing legislative and policy recommendations regarding wage
differential including sanctions and penalties;
- issues concerning the enforcement and adequacy of current state laws
related to such issues, including section 194 of the labor law;
- laws and policies in other states that deal with the wage
differential and wage discrimination and;
- investigation of the relative weight of discrimination and other
factors that may lead to the wage differential.

Section 4- Contains the effective date

EXISTING LAW:
Currently, civil fine is $500.00 and criminal fine is $500.00

JUSTIFICATION:


Two comparable worth studies were undertaken in 1985; one in New York
State and one in California. The New York Study was utilized to
propose changing civil service grade levels of many titles.

Many of the California findings which consisted of literature review
and public testimony were restated in the 2003 Government Accounting
Office (GAO).

There exists a need in 2012 for a comprehensive review and
examination of this issue.

Nonetheless, increases in the penalties and fines for civil and
criminal violations should not have to await the outcome of any study.

LEGISLATIVE HISTORY:
2008: S.7521 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.
                                                           LBD15693-01-2

S. 7351                             2

person or corporation operating a steam surface railroad for an  offense
specified  in  this  section may be found and tried in any county within
the state in which such railroad ran at the time of such offense.
  S  3. The commissioner of labor, in consultation with the empire state
development corporation, department of civil  service  and  other  state
agencies,  together with the business council and New York state AFL-CIO
and any other group or organization that the commissioner of  labor  may
consult  with, shall issue or cause to be issued to the governor, tempo-
rary president of the senate, speaker of the assembly and the respective
chair of the labor committee in the senate and assembly a report  on  or
before  May  1, 2013 on issues relating to the wage differential between
men and women and between minorities and non-minorities in the same  job
and  jobs that are dissimilar but that required equivalent composites of
skill, welfare, responsibility and working in the  New  York  state  job
market. Such report shall include, but not be limited to:
  (a)  researching  the  trends  in  this area in the public and private
sector including labor organizations within the state;
  (b) identifying the major issues relating to wage differential  within
the public and private sector including cost to the state, local govern-
mental  units  and  private  sector  businesses for compliance with wage
differential compliance;
  (c) providing legislative and policy  recommendations  regarding  wage
differential including sanctions and penalties;
  (d)  issues  concerning  the enforcement and adequacy of current state
laws related to such issues, including section 194 of the labor law;
  (e) laws and policies in other states that deal with the wage  differ-
ential and with wage discrimination; and
  (f)  investigation  of the relative weight of discrimination and other
factors that may lead to the wage differential.
  S 4. This act shall take effect immediately.

Co-Sponsors

S7351A (ACTIVE) - Bill Details

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

S7351A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7351A

TITLE OF BILL:
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 differential
among men and women and between minorities and non-minorities

PURPOSE:
To increase civil and criminal penalties for failures to pay
wages or to differentiate the rate of pay based on sex.

SUMMARY OF PROVISIONS:
Section 1- Increases the civil penalties under section 197-a of the
labor law from $500.00 to $1000.00.

Section 2- Increases the criminal penalties under section 198-a of the
labor law from $500.00 to not more than $20,000 to $1,000 to not
more than $25,000 and subsequent violation occurring within 6 years
resulting in felony is now reduce to five years for felony application.

Section 3- Requires the Commissioner of Labor, in consultation with
the Empire State Development Corporation, Department of Civil
Service, and other state agencies, together with the Business Council
and the New York State AFL-CIO, a statewide women's economic
empowerment organization and any other group or organization the
commissioner may deem appropriate, shall issue a report by May 1, 2013.

Among the issues to be reviewed by the Commissioner shall include, but
not limited to:

- research of the trends in this area in the public and private sector
including labor organizations within the State of New York;
- identify the major issues relating to wage differential within the
public and private sector including cost to the state, local
governmental units and private sector businesses for compliance with
wage differential compliance;
- providing legislative and policy recommendations regarding wage
differential including sanctions and penalties;
- issues concerning the enforcement and adequacy of current state laws
related to such issues, including section 194 of the labor law;

- laws and policies in other states that deal with the wage
differential and wage discrimination and;
- investigation of the relative weight of discrimination and other
factors that may lead to the wage differential.

Section 4- Contains the effective date

EXISTING LAW:

Currently, civil fine is $500.00 and criminal fine is $500.00

JUSTIFICATION:
Two comparable worth studies were undertaken in 1985; one in New York
State and one in California. The New York Study was utilized to
propose changing civil service grade levels of many titles.

Many of the California findings which consisted of literature review and
public testimony were restated in the 2003 Government Accounting
Office (GAO).

There exists a need in 2012 for a comprehensive review and examination
of this issue.

Nonetheless, increases in the penalties and fines for civil and
criminal violations should not have to await the outcome of any study.

LEGISLATIVE HISTORY:
2008: S.7521 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full 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
                      [ ] is old law to be omitted.
                                                           LBD15693-02-2

S. 7351--A                          2

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
person or corporation operating a steam surface railroad for an  offense
specified  in  this  section may be found and tried in any county within
the state in which such railroad ran at the time of such offense.
  S 3. The commissioner of labor, in consultation with the empire  state
development  corporation,  department  of  civil service and other state
agencies, together with the business council and New York state AFL-CIO,
a statewide women's economic  empowerment  organization  and  any  other
group  or  organization that the commissioner of labor may consult with,
shall issue or cause to be issued to the governor,  temporary  president
of  the  senate, speaker of the assembly and the respective chair of the
labor committee in the senate and assembly a report on or before May  1,
2013  on  issues relating to the wage differential between men and women
and between minorities and non-minorities in the same job and jobs  that
are  dissimilar  but  that  required  equivalent  composites  of  skill,
welfare, responsibility and working in the New York  state  job  market.
Such report shall include, but not be limited to:
  (a)  researching  the  trends  in  this area in the public and private
sector including labor organizations within the state;
  (b) identifying the major issues relating to wage differential  within
the public and private sector including cost to the state, local govern-
mental  units  and  private  sector  businesses for compliance with wage
differential compliance;
  (c) providing legislative and policy  recommendations  regarding  wage
differential including sanctions and penalties;
  (d)  issues  concerning  the enforcement and adequacy of current state
laws related to such issues, including section 194 of the labor law;
  (e) laws and policies in other states that deal with the wage  differ-
ential and with wage discrimination; and
  (f)  investigation  of the relative weight of discrimination and other
factors that may lead to the wage differential.
  S 4. This act shall take effect immediately.

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