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Senate Bill S7267

2015-2016 Legislative Session

Provides that a wage payment order of the commissioner of labor shall have the force and effect of a warrant

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2015-S7267 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยงยง218 & 219, Lab L

2015-S7267 (ACTIVE) - Summary

Provides that a wage payment order of the commissioner of labor shall have the force and effect of a warrant.

2015-S7267 (ACTIVE) - Sponsor Memo

2015-S7267 (ACTIVE) - Bill Text download pdf 

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

                                  7267

                            I N  S E N A T E

                             April 12, 2016
                               ___________

Introduced by Sen. MARTINS -- (at request of the Department of Labor) --
  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 enhancing the authority of
  the commissioner of labor to recover unpaid wages

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

  Section  1.  Subdivision 3 of section 219 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
  3. Provided that no proceeding for administrative or  judicial  review
as  provided  in  this  chapter  shall  then be pending and the time for
initiation of such proceeding shall have expired, the  commissioner  may
file  with  the county clerk of the county where the employer resides or
has a place of business the order of the commissioner or the decision of
the industrial board of appeals containing the amount found to  be  due,
including,  at  the  commissioner's  discretion,  an  additional fifteen
percent damages upon any outstanding monies owed. At the request  of  an
employee,  the  commissioner  shall  assign,  without  consideration  or
liability, that portion of the filed order that constitutes wages,  wage
supplements,  interest  on  wages  or  wage  supplements,  or liquidated
damages due the employee, to that employee and may file an assignment or
order in that amount in the name of such employee with the county  clerk
of the county where the employer resides or has a place of business. The
filing  of  such assignment, order or decision shall have the full force
and effect of a judgment duly docketed in the office of such clerk.  The
assignment,  order or decision may be enforced by and in the name of the
commissioner, or by the employee, in the  same  manner,  and  with  like
effect,  as  that prescribed by the civil practice law and rules for the
enforcement of a money judgment. IN ADDITION, SUCH FILING SHALL HAVE THE
FULL FORCE AND EFFECT OF  A  WARRANT  FILED  UNDER  SUBDIVISION  TWO  OF
SECTION  FIVE  HUNDRED SEVENTY-THREE OF THIS CHAPTER AND MAY BE EXECUTED
UPON IN LIKE MANNER.
  S 2. Subdivision 3 of section 218 of the  labor  law,  as  amended  by
chapter 2 of the laws of 2015, is amended to read as follows:

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

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