Assembly Actions -
Senate Actions - UPPERCASE
|Feb 24, 2014||
referred to judiciary
Senate Bill S6658
2013-2014 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2013-S6658 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Judiciary
- Law Section:
- Lien Law
- Laws Affected:
- Amd §2, add Art 2-A §§39-aa - 39-hh, Lien L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L
- Versions Introduced in 2013-2014 Legislative Session:
2013-S6658 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6658 TITLE OF BILL: An act to amend the lien law, in relation to securing payment of wages for work already performed; to amend the civil practice law and rules, in relation to grounds for attachment; to amend the business corporation law, in relation to streamlining procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; and to amend the limited liability company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft PURPOSE: This bill amends four sections of the law (Lien Law; Attachment under the Civil Practice Law and Rules; the Business Corporations Law; and the Limited Liability Company Law) to strengthen current laws to increase the likelihood that victims of "wage theft" will be able to secure payment from their employers of unpaid wages for work already performed. SUMMARY OF PROVISIONS: Sections one through six amend the lien law to expand the mechanics' lien provisions and create a "wage lien," which would provide a lien remedy for all employees. Currently only home improvement workers are
2013-S6658 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6658 I N S E N A T E February 24, 2014 ___________ Introduced by Sens. PERALTA, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the lien law, in relation to securing payment of wages for work already performed; to amend the civil practice law and rules, in relation to grounds for attachment; to amend the business corpo- ration law, in relation to streamlining procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; and to amend the limited liability company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of the lien law is amended by adding four new subdivisions 21, 22, 23, and 24 to read as follows: 21. WAGE CLAIMS. THE TERM "WAGE CLAIMS," WHEN USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS UNDER ARTICLES FIVE, SIX, AND NINETEEN OF THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAW- FULLY RETAINED GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, AND UNPAID BENEFITS AND WAGE SUPPLEMENTS, AND ANY CLAIMS PURSUANT TO 18 U.S.C. S 1595, 29 U.S.C. S 206, 29 U.S.C. S 207, AND/OR ANY EMPLOYMENT CONTRACT, AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STAN- DARDS ACT, OR ANY EMPLOYMENT CONTRACT. 22. EMPLOYER. THE TERM "EMPLOYER," WHEN USED IN ARTICLE TWO-A OF THIS CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE LABOR LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE. 23. EMPLOYEE. THE TERM "EMPLOYEE," WHEN USED IN ARTICLE TWO-A OF THIS CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE LABOR LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE. 24. PERSONAL PROPERTY. THE TERM "PERSONAL PROPERTY," WHEN USED IN ARTICLE TWO-A OF THIS CHAPTER, SHALL HAVE THE SAME MEANING AS "PERSONAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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