S T A T E O F N E W Y O R K
________________________________________________________________________
2499
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
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.
LBD00217-01-3
A. 2499 2
percent of the total amount of the 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 COURT
SHALL ALLOW SUCH ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWICE
THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
UPON A LIABILITY IMPOSED BY THIS ARTICLE MAY BE BROUGHT AS A CLASS
ACTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.