senate Bill S579

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
Jan 04, 2017 referred to judiciary

Co-Sponsors

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S579 (ACTIVE) - Details

See Assembly Version of this Bill:
A628
Current Committee:
Senate Judiciary
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: S2844, A486

S579 (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.

S579 (ACTIVE) - Sponsor Memo

S579 (ACTIVE) - Bill Text download pdf


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

                                   579

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed 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
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
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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