Assembly Bill A8106C

Signed By Governor
2013-2014 Legislative Session

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention account

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A8106 - Details

See Senate Version of this Bill:
S5885
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-A8106 - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-A8106 - Bill Text download pdf

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

                                  8106

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2013
                               ___________

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

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations of wage payment provisions

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

  Section 1. Paragraph (a) of subdivision 1 of section 195 of the  labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring[, and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer], a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; any "doing
business  as"  names  used  by the employer; the physical address of the
employer's main office or principal place of  business,  and  a  mailing
address  if  different;  the telephone number of the employer; plus such
other information as the commissioner deems material and necessary. Each
time the employer provides such notice  to  an  employee,  the  employer
shall  obtain  from the employee a signed and dated written acknowledge-
ment, in English and in the primary language of the employee, of receipt
of this notice, which the employer shall preserve and maintain  for  six
years. Such acknowledgement shall include an affirmation by the employee
that  the  employee accurately identified his or her primary language to
the employer, and that the notice  provided  by  the  employer  to  such
employee  pursuant to this subdivision was in the language so identified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-01-3
              

co-Sponsors

multi-Sponsors

2013-A8106A - Details

See Senate Version of this Bill:
S5885
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-A8106A - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-A8106A - Bill Text download pdf

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

                                 8106--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2013
                               ___________

Introduced  by  M. of A. HEASTIE, MORELLE, MAGNARELLI, PEOPLES-STOKES --
  Multi-Sponsored by -- M. of A. McDONALD -- read once and  referred  to
  the  Committee  on  Labor  -- recommitted to the Committee on Labor in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations  of  wage payment provisions and contractor accountability;
  to amend the limited liability company law, in relation  to  liability
  of  members; and to amend the state finance law, in relation to estab-
  lishing the wage theft prevention account

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

  Section  1. Paragraph (a) of subdivision 1 of section 195 of the labor
law, as amended by chapter 564 of the laws of 2010, is amended  to  read
as follows:
  (a)  provide  his  or  her employees, in writing in English and in the
language identified by each employee as the  primary  language  of  such
employee,  at  the  time  of hiring[, and on or before February first of
each subsequent year of the employee's employment with the employer],  a
notice  containing  the  following information: the rate or rates of pay
and basis thereof, whether paid by the hour, shift, day,  week,  salary,
piece,  commission, or other; allowances, if any, claimed as part of the
minimum wage, including tip, meal, or lodging  allowances;  the  regular
pay  day  designated  by  the  employer  in  accordance with section one
hundred ninety-one of this article; the name of the employer; any "doing
business as" names used by the employer; the  physical  address  of  the
employer's  main  office  or  principal place of business, and a mailing
address if different; the telephone number of the  employer;  plus  such
other information as the commissioner deems material and necessary. Each
time  the  employer  provides  such  notice to an employee, the employer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-05-4
              

co-Sponsors

multi-Sponsors

2013-A8106B - Details

See Senate Version of this Bill:
S5885
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-A8106B - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-A8106B - Bill Text download pdf

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

                                 8106--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2013
                               ___________

Introduced  by  M.  of  A. HEASTIE, MORELLE, MAGNARELLI, PEOPLES-STOKES,
  LUPARDO, ORTIZ, SANTABARBARA, CRESPO -- Multi-Sponsored by -- M. of A.
  McDONALD -- read once and referred to the Committee on Labor -- recom-
  mitted to the Committee on Labor in accordance with Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations  of  wage payment provisions and contractor accountability;
  to amend the limited liability company law, in relation  to  liability
  of  members; and to amend the state finance law, in relation to estab-
  lishing the wage theft prevention account

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

  Section  1. Paragraph (a) of subdivision 1 of section 195 of the labor
law, as amended by chapter 564 of the laws of 2010, is amended  to  read
as follows:
  (a)  provide  his  or  her employees, in writing in English and in the
language identified by each employee as the  primary  language  of  such
employee,  at  the  time  of hiring[, and on or before February first of
each subsequent year of the employee's employment with the employer],  a
notice  containing  the  following information: the rate or rates of pay
and basis thereof, whether paid by the hour, shift, day,  week,  salary,
piece,  commission, or other; allowances, if any, claimed as part of the
minimum wage, including tip, meal, or lodging  allowances;  the  regular
pay  day  designated  by  the  employer  in  accordance with section one
hundred ninety-one of this article; the name of the employer; any "doing
business as" names used by the employer; the  physical  address  of  the
employer's  main  office  or  principal place of business, and a mailing
address if different; the telephone number of the  employer;  plus  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-07-4
              

co-Sponsors

multi-Sponsors

2013-A8106C (ACTIVE) - Details

See Senate Version of this Bill:
S5885
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-A8106C (ACTIVE) - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-A8106C (ACTIVE) - Bill Text download pdf

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

                                 8106--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2013
                               ___________

Introduced  by  M.  of  A. HEASTIE, MORELLE, MAGNARELLI, PEOPLES-STOKES,
  LUPARDO, ORTIZ, SANTABARBARA, CRESPO, FAHY -- Multi-Sponsored by -- M.
  of A. McDONALD -- read once and referred to the Committee on Labor  --
  recommitted to the Committee on Labor in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations  of  wage payment provisions and contractor accountability;
  to amend the limited liability company law, in relation  to  liability
  of  members; and to amend the state finance law, in relation to estab-
  lishing the wage theft prevention account

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

  Section  1. Paragraph (a) of subdivision 1 of section 195 of the labor
law, as amended by chapter 564 of the laws of 2010, is amended  to  read
as follows:
  (a)  provide  his  or  her employees, in writing in English and in the
language identified by each employee as the  primary  language  of  such
employee,  at  the  time  of hiring[, and on or before February first of
each subsequent year of the employee's employment with the employer],  a
notice  containing  the  following information: the rate or rates of pay
and basis thereof, whether paid by the hour, shift, day,  week,  salary,
piece,  commission, or other; allowances, if any, claimed as part of the
minimum wage, including tip, meal, or lodging  allowances;  the  regular
pay  day  designated  by  the  employer  in  accordance with section one
hundred ninety-one of this article; the name of the employer; any "doing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-11-4
              

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