senate Bill S4692

2013-2014 Legislative Session

Requires prevailing wage supplements which are payable directly to employees to be paid in the form of a negotiable instrument

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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
Apr 18, 2013 referred to labor

S4692 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L

S4692 - Bill Texts

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Requires prevailing wage supplements which are payable directly to employees to be paid in the form of a negotiable instrument.

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BILL NUMBER:S4692

TITLE OF BILL: An act to amend the labor law, in relation to the
payment of prevailing wage supplements

PURPOSE: To prevent fraud and abuse in the payment of prevailing wage
supplements.

SUMMARY OF PROVISIONS:

Section 1: Provides that prevailing wage supplements shall not be paid
in the form of cask Section 2: Effective Date.

EXISTING LAW: Currently, any portion or all of the prevailing wage
supplement obligations of a contractor or subcontractor may be
satisfied by paying workers in cash with their regularly weekly wages.

JUSTIFICATION: Under New York State Law, prevailing wage supplements
may be provided to workers through (1) cash payments in lieu of
supplements, (2) through irrevocable contributions to a fund, plan or
program, or (3) any combination of the aforementioned.

As some interpret "cash" to mean that workers can receive supplemental
benefits in their weekly paychecks, and others interpret "cash" to
mean that workers can receive actual "cash" (i.e. paper money, dollar
bills, coins, etc) in addition to their paychecks, this legislation
seeks to clarify the meaning of cash and eliminate the payment of
prevailing wage supplements in actual cash (i.e. paper money).

When supplements are paid in cash in addition to a paycheck, the
supplement payments become more difficult to track and create room for
abuse and fraud. This legislation seeks to prevent abuse and fraud
surrounding the payment of prevailing, wage supplements by providing
that all prevailing wage supplements be paid in the form of a
negotiable instrument (i.e. a check), and under no circumstances shall
they be paid in the form of cash (i.e. paper money).

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law and shall apply to prevailing wage
supplements accruing on or after such date.

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

                                  4692

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- 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 the payment of  prevailing
  wage supplements

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

  Section 1. Paragraph b of subdivision 5 of section 220  of  the  labor
law,  as  amended by chapter 752 of the laws of 1989, is amended to read
as follows:
  b. "Supplements," for the intents and purposes of this article,  means
all  remuneration  for employment paid in any medium other than cash, or
reimbursement for expenses, or any payments which are not "wages" within
the meaning of the law, including, but not limited to, health,  welfare,
non-occupational disability, retirement, vacation benefits, holiday pay,
life  insurance,  and apprenticeship training.   PROVIDED, FURTHER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, ALL
SUPPLEMENTS PAYABLE DIRECTLY TO EMPLOYEES PURSUANT TO THIS ARTICLE SHALL
BE PAID IN THE FORM OF A NEGOTIABLE INSTRUMENT,  AND  UNDER  NO  CIRCUM-
STANCE SHALL SUCH SUPPLEMENTS BE PAID IN THE FORM OF CASH.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to prevailing wage supplements  accru-
ing on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10195-01-3

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