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Assembly Bill A1555

2013-2014 Legislative Session

Authorizes employers of manual workers to apply to commissioner of labor for exemption from requirement of paying manual workers weekly

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Archive: Last Bill Status - In Assembly Committee

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2013-A1555 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง191, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2864
2011-2012: A6506

2013-A1555 (ACTIVE) - Summary

Authorizes employers to apply to commissioner of labor for exemption from requirement of paying workers weekly if such employers satisfy certain criteria; removes language which would require employers to pay workers weekly if the employer has employed less than one thousand persons in this state.

2013-A1555 (ACTIVE) - Bill Text download pdf 

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

                                  1555

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. KOLB, JORDAN -- read once and referred to the
  Committee on Labor

AN ACT to amend the  labor  law,  in  relation  to  authorizing  certain
  employers of manual workers to pay wages less frequently than weekly

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

  Section 1. The opening paragraph of subparagraph (ii) of  paragraph  a
of  subdivision 1 of section 191 of the labor law, as amended by chapter
168 of the laws of 1993, is amended to read as follows:
  The commissioner may authorize an employer [which  has  in  the  three
years  preceding  the application employed an average of one thousand or
more persons in this state or has for one year preceding the application
employed an average of one thousand or more persons in  this  state  and
has  for  three  years  preceding the application employed an average of
three thousand or more persons outside the state] to pay less frequently
than weekly but not less frequently than semi-monthly  if  the  employer
furnishes satisfactory proof to the commissioner of its continuing abil-
ity  to  meet its payroll responsibilities. In making this determination
the commissioner shall consider the following: (A) the employer's histo-
ry meeting its payroll responsibilities in New York state or if no  such
history  in New York state is available, other financial information, as
requested by the commissioner, which will  assist  the  commissioner  in
determining  the likelihood of the employer's continuing ability to meet
payroll responsibilities; (B) proof of the employer's coverage for work-
ers' compensation and disability; (C) proof that there are no  outstand-
ing warrants of the department of taxation and finance or the department
[of  labor]  against  the  employer  for failure to remit state personal
income tax withholdings or unemployment insurance contributions; and (D)
proof that the employer has a computerized  record  keeping  system  for
payroll  which, at a minimum, specifies hours worked, rate of pay, gross

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

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