Assembly Bill A5501A

2015-2016 Legislative Session

Relates to securing payment of wages for work already performed; creates an employee lien

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5501 - Details

Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

2015-A5501 - 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

2015-A5501 - Bill Text download pdf

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

                                  5501

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MOSLEY,  GOTTFRIED,  OTIS, MOYA,
  RUSSELL, WEPRIN, HOOPER, ORTIZ, SCARBOROUGH, PERRY, DAVILA,  CLARK  --
  Multi-Sponsored  by  --  M. of A.  BROOK-KRASNY, CAMARA, COOK, HEVESI,
  RIVERA, SKARTADOS -- read once and referred to the Committee on  Judi-
  ciary

AN  ACT  to  amend the lien law, in relation to employee liens; to amend
  the labor law, in relation to employee complaints; to amend the  civil
  practice  law  and  rules,  in  relation to grounds for attachment; to
  amend the business corporation law, in relation to streamlining proce-
  dures where employees may hold  shareholders  of  non-publicly  traded
  corporations personally liable for wage theft; and to amend the limit-
  ed  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  three  new
subdivisions 21, 22 and 23 to read as follows:
  21.  EMPLOYEE.  THE  TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22.  EMPLOYER.  THE  TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS  ONE
HUNDRED  SEVENTY,  ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS  PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-01-5

              

co-Sponsors

multi-Sponsors

2015-A5501A - Details

Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

2015-A5501A - 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

2015-A5501A - Bill Text download pdf

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

                                 5501--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MOSLEY,  GOTTFRIED,  OTIS, MOYA,
  RUSSELL, WEPRIN, HOOPER, ORTIZ, PERRY, DAVILA, CLARK, DINOWITZ, SIMON,
  ROBERTS, MILLER -- Multi-Sponsored by -- M. of A. BRENNAN, BROOK-KRAS-
  NY, COOK, HEVESI, LENTOL, RIVERA, SKARTADOS -- read once and  referred
  to  the  Committee on Judiciary -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed 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 three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYEE" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYER" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF  THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-02-5
              

co-Sponsors

multi-Sponsors

2015-A5501B - Details

Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

2015-A5501B - 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

2015-A5501B - Bill Text download pdf

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

                                 5501--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MOSLEY,  GOTTFRIED,  OTIS, MOYA,
  RUSSELL, WEPRIN, HOOPER, ORTIZ, PERRY, DAVILA, CLARK, DINOWITZ, SIMON,
  MILLER, LIFTON -- Multi-Sponsored by -- M. of A. BRENNAN, COOK,  HEVE-
  SI, LENTOL, RIVERA, SKARTADOS -- read once and referred to the Commit-
  tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
  2  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed 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 three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYEE" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYER" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-04-6
              

co-Sponsors

multi-Sponsors

2015-A5501C - Details

Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

2015-A5501C - 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

2015-A5501C - Bill Text download pdf

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

                                 5501--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MOSLEY,  GOTTFRIED,  OTIS, MOYA,
  RUSSELL, WEPRIN, HOOPER, ORTIZ, PERRY, DAVILA, DINOWITZ, SIMON,  MILL-
  ER,  LIFTON, LAVINE, BARRON -- Multi-Sponsored by -- M. of A. BRENNAN,
  COOK, HEVESI, LENTOL, RIVERA, SKARTADOS -- read once and  referred  to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Judiciary in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the lien law, in relation to employee liens; to amend
  the labor law, in relation to employee complaints; to amend the  civil
  practice  law  and  rules,  in  relation to grounds for attachment; to
  amend the business corporation law, in relation to streamlining proce-
  dures where employees may hold  shareholders  of  non-publicly  traded
  corporations personally liable for wage theft; and to amend the limit-
  ed  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  three  new
subdivisions 21, 22 and 23 to read as follows:
  21.  EMPLOYEE.  THE  TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE  FAIR  LABOR
STANDARDS ACT, 29 U.S.C. S 201 ET. SEQ., AS APPLICABLE.
  22.  EMPLOYER.  THE  TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-05-6

              

co-Sponsors

multi-Sponsors

2015-A5501D (ACTIVE) - Details

Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210, 6211, 6223 & R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L

2015-A5501D (ACTIVE) - 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

2015-A5501D (ACTIVE) - Bill Text download pdf

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

                                 5501--D
                                                        Cal. No. 476

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MOSLEY,  GOTTFRIED,  OTIS, MOYA,
  RUSSELL, WEPRIN, HOOPER, ORTIZ, PERRY, DAVILA, DINOWITZ, SIMON,  MILL-
  ER,  LIFTON,  LAVINE, BARRON, SEAWRIGHT, RICHARDSON, BENEDETTO, STECK,
  BRONSON, MAYER, CRESPO, HUNTER -- Multi-Sponsored by -- M. of A. BREN-
  NAN, COOK, HEVESI, KIM, LENTOL, RIVERA, SKARTADOS  --  read  once  and
  referred  to  the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted  to the Committee on Judiciary in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee  on  Codes  --  passed by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend the lien law, in relation to employee liens; to amend
  the labor law, in relation to employee complaints; to amend the  civil
  practice  law  and  rules,  in  relation to grounds for attachment; to
  amend the business corporation law, in relation to streamlining proce-
  dures where employees may hold  shareholders  of  non-publicly  traded
  corporations personally liable for wage theft; and to amend the limit-
  ed  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  three  new
subdivisions 21, 22 and 23 to read as follows:
  21.  EMPLOYEE.  THE  TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-06-6
              

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