Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to labor |
Feb 22, 2011 |
referred to labor |
Assembly Bill A5489
2011-2012 Legislative Session
Sponsored By
ROBINSON
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
2011-A5489 (ACTIVE) - Details
2011-A5489 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5489 2011-2012 Regular Sessions I N A S S E M B L Y February 22, 2011 ___________ Introduced by M. of A. ROBINSON -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to increasing the amount of liquidated damages for failure to pay wages as legally required THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1-a of section 198 of the labor law, as amended by chapter 564 of the laws of 2010, is amended and a new subdi- vision 5 is added to read as follows: 1-a. On behalf of any employee paid less than the wage to which he or she is entitled under the provisions of this article, the commissioner may bring any legal action necessary, including administrative action, to collect such claim and as part of such legal action, in addition to any other remedies and penalties otherwise available under this article, the commissioner shall assess against the employer the full amount of any such underpayment, and an additional amount as liquidated damages, unless the employer proves a good faith basis for believing that its underpayment of wages was in compliance with the law. Liquidated damages shall be calculated by the commissioner as no more than one hundred percent of the total amount of wages found to be due; HOWEVER, IF SUCH UNDERPAYMENT OF WAGES PERSISTED FOR MORE THAN THIRTY DAYS OR INVOLVED A FAILURE TO PAY THE WAGES OF TEN OR MORE EMPLOYEES, THE COMMISSIONER MAY ASSESS AGAINST THE EMPLOYER AN ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWICE THE TOTAL AMOUNT OF WAGES FOUND TO BE DUE. In any action instituted in the courts upon a wage claim by an employee or the commis- sioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest as required under the civil prac- tice law and rules, and, unless the employer proves a good faith basis to believe that its underpayment of wages was in compliance with the law, an additional amount as liquidated damages equal to one hundred EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00275-02-1
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