senate Bill S6658

2013-2014 Legislative Session

Relates to securing payment of wages for work already performed; creates a wage lien

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2014 referred to judiciary

Co-Sponsors

S6658 - Details

See Assembly Version of this Bill:
A8045
Law Section:
Lien Law
Laws Affected:
Amd §2, add Art 2-A §§39-aa - 39-hh, Lien L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

S6658 - Summary

Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft (view more) relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.

S6658 - Sponsor Memo

S6658 - Bill Text download pdf

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

                                  6658

                            I N  S E N A T E

                            February 24, 2014
                               ___________

Introduced  by Sens. PERALTA, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the lien law, in relation to securing payment  of  wages
  for work already performed; to amend the civil practice law and rules,
  in  relation  to  grounds for attachment; to amend the business corpo-
  ration law, in relation to streamlining procedures where employees may
  hold  shareholders  of  non-publicly  traded  corporations  personally
  liable for wage theft; and to amend the limited liability company law,
  in  relation to creating a right for victims of wage theft to hold the
  ten  members  with  the  largest  ownership  interests  in  a  company
  personally liable for wage theft

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

  Section 1. Section 2 of the lien law is amended  by  adding  four  new
subdivisions 21, 22, 23, and 24 to read as follows:
  21.  WAGE  CLAIMS.  THE TERM "WAGE CLAIMS," WHEN USED IN THIS CHAPTER,
SHALL INCLUDE ANY CLAIMS OF VIOLATIONS UNDER  ARTICLES  FIVE,  SIX,  AND
NINETEEN  OF  THE  LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS
PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT  LIMITED  TO
ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAW-
FULLY  RETAINED  GRATUITIES,  UNLAWFUL  DEDUCTIONS  FROM  WAGES,  UNPAID
COMMISSIONS, AND UNPAID BENEFITS AND WAGE SUPPLEMENTS,  AND  ANY  CLAIMS
PURSUANT  TO  18 U.S.C. S 1595, 29 U.S.C. S 206, 29 U.S.C. S 207, AND/OR
ANY EMPLOYMENT CONTRACT, AS WELL AS THE CONCOMITANT  LIQUIDATED  DAMAGES
AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STAN-
DARDS ACT, OR ANY EMPLOYMENT CONTRACT.
  22.  EMPLOYER. THE TERM "EMPLOYER," WHEN USED IN ARTICLE TWO-A OF THIS
CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE LABOR
LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23. EMPLOYEE. THE TERM "EMPLOYEE," WHEN USED IN ARTICLE TWO-A OF  THIS
CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE LABOR
LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  24.  PERSONAL  PROPERTY.  THE  TERM  "PERSONAL PROPERTY," WHEN USED IN
ARTICLE TWO-A OF THIS CHAPTER, SHALL HAVE THE SAME MEANING AS  "PERSONAL

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

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