| Date of Action |
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 |
Senate Bill S7351A
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2011-S7351 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§197 & 198-a, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3497
2015-2016: S517
2017-2018: S1675
2011-S7351 - 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
2011-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
(R, C, IP) Senate District
2011-S7351A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§197 & 198-a, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3497
2015-2016: S517
2017-2018: S1675
2011-S7351A (ACTIVE) - 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
2011-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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