|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 09, 2014||referred to labor|
senate Bill S7790
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7790 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§190, 192, 197 & 198, add §§192-a - 192-c, Lab L
S7790 - Sponsor Memo
BILL NUMBER:S7790 TITLE OF BILL: An act to amend the labor law, in relation to authoriz- ing and regulating the use of payroll cards PURPOSE OR GENERAL IDEA OF BILL: The bill would clarify and update New York labor law about the proper use of payroll cards. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 190 of the Labor Law by adding definitions, including a definition of "payroll card." Section 2 amends section 192 of the Labor Law to provide that employers may pay employee wages in the form of cash, a paper check, direct depos- it or via payroll cards. But an employer may not pay wages by payroll card unless the employer also offers the employee the option of paper check and direct deposit. An employee at any time may withdraw consent to be paid via direct deposit or payroll card, and an employer must cease to pay in that manner within two pay periods of the notification. The employer must maintain written authorizations for a set period. Section 3 amends the Labor Law by adding sections 192-a, 192-b and 192-c, which provides for the payment of wages using payroll cards.
S7790 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7790 I N S E N A T E June 9, 2014 ___________ Introduced by Sen. GALLIVAN -- (at request of the Attorney General) -- 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 authorizing and regulating the use of payroll cards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 190 of the labor law is amended by adding eight new subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 to read as follows: 10. "ACCOUNT" MEANS A DEMAND DEPOSIT (CHECKING), SAVINGS, OR OTHER CONSUMER ASSET ACCOUNT (OTHER THAN AN OCCASIONAL OR INCIDENTAL CREDIT BALANCE IN A CREDIT PLAN) HELD DIRECTLY OR INDIRECTLY BY A FINANCIAL INSTITUTION AND ESTABLISHED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. 11. "ELECTRONIC FUND TRANSFER" MEANS ANY TRANSFER OF FUNDS THAT IS INITIATED THROUGH AN ELECTRONIC TERMINAL, TELEPHONE, COMPUTER, OR MAGNETIC TAPE FOR THE PURPOSE OF ORDERING, INSTRUCTING, OR AUTHORIZING A FINANCIAL INSTITUTION TO DEBIT OR CREDIT AN EMPLOYEE'S PAYROLL CARD ACCOUNT. ELECTRONIC FUND TRANSFER INCLUDES, BUT IS NOT LIMITED TO: A. POINT-OF-SALE TRANSFERS; B. AUTOMATED TELLER MACHINE TRANSFERS; C. DIRECT DEPOSITS OR WITHDRAWALS OF FUNDS; D. TRANSFERS INITIATED BY TELEPHONE; AND E. TRANSFERS RESULTING FROM DEBIT CARD TRANSACTIONS, WHETHER OR NOT INITIATED THROUGH AN ELECTRONIC TERMINAL. 12. "PAYROLL CARD ACCOUNT" MEANS AN ACCOUNT THAT IS DIRECTLY OR INDI- RECTLY ESTABLISHED THROUGH OR BY AN EMPLOYER AND INTO WHICH AN EMPLOYER DIRECTLY OR INDIRECTLY DEPOSITS AN EMPLOYEE'S WAGES THROUGH AN ELECTRON- IC FUNDS TRANSFER. 13. "PAYROLL CARD ISSUER" MEANS ANY EMPLOYER, BANK, FINANCIAL INSTITU- TION, THIRD-PARTY PAYROLL PROCESSOR, OR ANY OTHER PERSON OR ENTITY THAT ISSUES A PAYROLL CARD TO AN EMPLOYEE ON BEHALF OF AN EMPLOYER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14104-05-4
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