senate Bill S2313

2013-2014 Legislative Session

Eliminates an employer's annual notice requirement

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
returned to senate
died in assembly
Jun 24, 2013 referred to labor
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1597
committee discharged and committed to rules
Jan 15, 2013 referred to labor

Votes

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Co-Sponsors

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S2313 - Bill Details

See Assembly Version of this Bill:
A8565
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง195, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S6063A, A8856

S2313 - Bill Texts

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Eliminates an employer's annual notice requirement.

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BILL NUMBER:S2313

TITLE OF BILL: An act to amend the labor law, in relation to
eliminating an employer's annual notice requirement

PURPOSE: This bill will eliminate the requirement that employers
annually provide a notice regarding pay and other information to every
employee.

SUMMARY OF PROVISIONS:

Section 1. Amends section 195 of the labor law as amended by chapter
664 of the laws of 2010 to eliminate the requirement that employers
annually provide a notice regarding pay and other information to every
employee.

Section 2. Establishes the effective date.

JUSTIFICATION: This bill would repeal the "job theft prevention act
of 2010" requirement that each year, a written notice on wages be
provided by all private sector employers to all New York State
employees, and that a written acknowledgement of the receipt of this
notice be obtained from the employees and maintained for six years.
Failure to comply with this requirement is subject to a penalty of $50
per employee.

This mandate imposes a new administrative cost on every private sector
employer in the state, with aggregate costs in the millions of
dollars, and will do little to improve overall compliance with the
state's wage laws. The Department of Labor has conceded that wage
compliance is an issue for only a small percentage of New York State
employers, despite the universal application of this annual notice
requirement. This type of annual notification requirement should be
reserved for instances where non-conpllance has been an issue,
however, as an across the board measure, it will add costs and provide
little if any additional benefit.

Moreover, this modification to the WPTA leaves in place its most
significant reforms intended to assure payment of all wages earned by
employees.

LEGISLATIVE HISTORY: S.6063A/A.8856 of 2011-2012

FISCAL IMPLICATIONS: Savings to employers as this legislation will
eliminate this administrative cost.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2313

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sens. DeFRANCISCO, GALLIVAN, GRISANTI, MARTINS, MAZIARZ,
  RANZENHOFER, SEWARD, YOUNG -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to eliminating an  employer's
  annual notice requirement

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05647-01-3

S. 2313                             2

employee pursuant to this subdivision was in the language so  identified
or  otherwise complied with paragraph (c) of this subdivision, and shall
conform to any additional requirements established by  the  commissioner
with  regard  to  content and form. For all employees who are not exempt
from overtime compensation as established in the commissioner's  minimum
wage  orders  or otherwise provided by New York state law or regulation,
the notice must state the regular hourly rate and overtime rate of pay;
  S 2. This act shall take effect immediately.

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