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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Archive: Last 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.50
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

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A628 (ACTIVE) - 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
Versions Introduced in Other Legislative Sessions:
2013-2014: S6658
2015-2016: S2232
2019-2020: A486, S2844

A628 (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 (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 (ACTIVE) - 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. § 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. § 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.