S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  827--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Labor --  recommitted
   to  the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the labor law, in relation to authorizing employers with
   less than five hundred employees to pay bi-weekly wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subparagraph (ii) of paragraph (a)
 of subdivision 1 of section 191 of the labor law, as amended by  chapter
 168 of the laws of 1993, is amended to read as follows:
   The  commissioner  may  authorize  an  employer which has in the three
 years preceding the application employed an average  of  [one  thousand]
 FIVE HUNDRED or more persons in this state or has for one year preceding
 the  application  employed  an average of [one thousand] FIVE HUNDRED or
 more persons in this state and has for three years preceding the  appli-
 cation employed an average of three thousand or more persons outside the
 state  to  pay  less frequently than weekly but not less frequently than
 semi-monthly if the employer furnishes satisfactory proof to the commis-
 sioner of its continuing ability to meet its  payroll  responsibilities.
 In making this determination the commissioner shall consider the follow-
 ing:  (A) the employer's history meeting its payroll responsibilities in
 New York state or if no such history in New  York  state  is  available,
 other  financial  information,  as  requested by the commissioner, which
 will assist the  commissioner  in  determining  the  likelihood  of  the
 employer's  continuing  ability  to  meet  payroll responsibilities; (B)
 proof of the employer's coverage for workers' compensation and disabili-
 ty; (C) proof that there are no outstanding warrants of  the  department
 of taxation and finance or the department [of labor] against the employ-
 er  for failure to remit state personal income tax withholdings or unem-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07013-02-8

 S. 827--A                           2
 
 ployment insurance contributions; and (D) proof that the employer has  a
 computerized  record  keeping  system  for  payroll which, at a minimum,
 specifies hours worked, rate of pay, gross wages, deductions and date of
 pay for each employee.  If the employers' manual workers are represented
 by  a labor organization, the commissioner shall not grant an employer's
 application for authorization under this subparagraph unless that  labor
 organization consents thereto.
   §  2.  Subdivision  1 of section 191 of the labor is amended by adding
 two new paragraphs e and f to read as follows:
   E. EXCEPTION.--- EMPLOYERS WITH LESS THAN FIVE HUNDRED  EMPLOYEES  MAY
 PAY WAGES UNDER THIS SECTION ON A BI-WEEKLY SCHEDULE.
   F.  NOTICE.---  ANY  EMPLOYER  PAYING ANY OF ITS EMPLOYEES ON A WEEKLY
 BASIS PRIOR TO JULY FIRST TWO THOUSAND EIGHTEEN SHALL, PRIOR  TO  PAYING
 SUCH  EMPLOYEES  ON  A BI-WEEKLY BASIS PURSUANT TO THIS SECTION, PROVIDE
 EACH EMPLOYEE WITH WRITTEN NOTICE OF SUCH CHANGE AT LEAST NINETY DAYS IN
 ADVANCE OF THE FIRST SUCH BI-WEEKLY PAYCHECK.
   § 3. This act shall take effect immediately.