S T A T E O F N E W Y O R K
________________________________________________________________________
3090
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to annual reporting of wage
information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (e) of subdivision 1 of section 195 of the labor
law, as added by chapter 564 of the laws of 2010, is amended and a new
paragraph (f) is added to read as follows:
(e) The commissioner shall have discretion to waive or alter require-
ments of paragraph (a) of this subdivision for temporary help firms as
defined in section nine hundred sixteen of this chapter[.];
(F) THE COMMISSIONER SHALL HAVE DISCRETION TO WAIVE THE REQUIREMENTS
OF PARAGRAPH (A) OF THIS SUBDIVISION TO PROVIDE EMPLOYEES WITH ANNUAL
NOTICES ON OR BEFORE FEBRUARY FIRST OF EACH SUBSEQUENT YEAR OF EMPLOY-
MENT. SUCH WAIVERS SHALL BE LIMITED TO EMPLOYERS OR CLASSIFICATIONS OF
EMPLOYERS DEEMED BY THE COMMISSIONER TO POSE A LESSER RISK OF UNDERPAY-
MENT OF WAGES, AND SHALL INCLUDE AS A CONDITION A REQUIREMENT THAT ANY
EMPLOYEE WHO SUBMITS A WRITTEN REQUEST SHALL BE PROVIDED WITH ONE COPY
OF A NOTICE AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION APPLICABLE
TO SUCH SUBSEQUENT YEAR OF EMPLOYMENT.
S 2. Subdivisions 1-b and 1-d of section 198 of the labor law, as
added by chapter 564 of the laws of 2010, are amended to read as
follows:
1-b. If any employee is not provided within ten business days of his
or her first day of employment a notice as required by subdivision one
of section one hundred ninety-five of this article, he or she may
recover in a civil action damages of fifty dollars for each work week
that the violations occurred or continue to occur, but not to exceed a
total of two thousand five hundred dollars, together with costs and
reasonable attorney's fees. The court may also award other relief,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06436-01-3
A. 3090 2
including injunctive and declaratory relief, that the court in its
discretion deems necessary or appropriate.
On behalf of any employee not provided a notice as required by subdi-
vision one of section one hundred ninety-five of this article, the
commissioner may bring any legal action necessary, including administra-
tive 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 may assess against the employer damages
of fifty dollars for each work week that the violations occurred or
continue to occur. In any action or administrative proceeding to recover
damages for violation of [paragraph (d) of] subdivision one of section
one hundred ninety-five of this article, it shall be an affirmative
defense that (i) the employer made complete and timely payment of all
wages due pursuant to this article or article nineteen or article nine-
teen-A of this chapter to the employee who was not provided notice as
required by subdivision one of section one hundred ninety-five of this
article or (ii) the employer reasonably believed in good faith that it
was not required to provide the employee with notice pursuant to subdi-
vision one of section one hundred ninety-five of this article.
1-d. If any employee is not provided a statement or statements as
required by subdivision three of section one hundred ninety-five of this
article, he or she shall recover in a civil action damages of one
hundred dollars for each work week that the violations occurred or
continue to occur, but not to exceed a total of twenty-five hundred
dollars, together with costs and reasonable attorney's fees. The court
may also award other relief, including injunctive and declaratory
relief, that the court in its discretion deems necessary or appropriate.
On behalf of any employee not provided a statement as required by
subdivision three of section one hundred ninety-five of this article,
the commissioner may bring any legal action necessary, including admin-
istrative action, to collect such claim, and as part of such legal
action, in addition to any other remedies and penalties otherwise avail-
able under this article, the commissioner may assess against the employ-
er damages of one hundred dollars for each work week that the violations
occurred or continue to occur. In any action or administrative proceed-
ing to recover damages for violation of subdivision three of section one
hundred ninety-five of this article, it shall be an affirmative defense
that (i) the employer made complete and timely payment of all wages due
pursuant to this article or [articles] ARTICLE nineteen or nineteen-A of
this chapter to the employee who was not provided statements as required
by subdivision three of section one hundred ninety-five of this article
or (ii) the employer reasonably believed in good faith that it was not
required to provide the employee with statements pursuant to [paragraph
(e) of] subdivision [one] THREE of section one hundred ninety-five of
this article.
S 3. This act shall take effect immediately.