assembly Bill A628

2017-2018 Legislative Session

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

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Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 26, 2017 advanced to third reading cal.16
Jan 24, 2017 reported
Jan 17, 2017 reported referred to codes
Jan 09, 2017 referred to judiciary

Co-Sponsors

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Multi-Sponsors

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A628 - Details

See Senate Version of this Bill:
S579
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

A628 - 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.

A628 - Bill Text download pdf

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

                                   628

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced by M. of A. ROSENTHAL, MOSLEY, GOTTFRIED, OTIS, MOYA, WEPRIN,
  HOOPER,  ORTIZ,  PERRY, DAVILA, DINOWITZ, SIMON, M. G. MILLER, LIFTON,
  BARRON, SEAWRIGHT, RICHARDSON, BENEDETTO, STECK, BRONSON, MAYER, CRES-
  PO, HUNTER, JENNE -- Multi-Sponsored by -- M. of A. COOK, HEVESI, KIM,
  LENTOL, RIVERA, SKARTADOS -- read once and referred to  the  Committee
  on Judiciary

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-
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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00117-01-7

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