|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to corporations, authorities and commissions|
|May 09, 2017||referred to corporations, authorities and commissions|
senate Bill S5966
Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5966 (ACTIVE) - Details
S5966 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5966 TITLE OF BILL : An act to amend the limited liability company law, in relation to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies PURPOSE OR GENERAL IDEA OF BILL : The bill ensures that wage theft from employees of Limited Liability Companies does not occur when the LLC is established in a foreign state but employs workers in the State of New York. SUMMARY OF PROVISIONS : Section 1. Amends subdivision (c) of section 609 of the Limited Liability Company Law, as added by chapter 537 of the laws of 2014. Section 2. The amendment adds language requiring that the 10 major shareholders be liable for unpaid wages due to laborers, servants or employees for foreign as well as domestic limited liability companies. Section 3. Effective date. JUSTIFICATION :
S5966 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5966 2017-2018 Regular Sessions I N S E N A T E May 9, 2017 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the limited liability company law, in relation to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 609 of the limited liability company law, as added by chapter 537 of the laws of 2014, is amended to read as follows: (c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, the ten members with the largest percentage ownership interest, as determined as of the beginning of the period during which the unpaid services referred to in this section are performed, of every DOMESTIC limited liability company, OR OF ANY FOREIGN LIMITED LIABILITY COMPANY, WHEN THE UNPAID SERVICES WERE PERFORMED IN THE STATE, shall jointly and severally be personally liable for all debts, wages or salaries due and owing to any of its laborers, servants or employees, for services performed by them for such limited liability company. Before such labor- er, servant or employee shall charge such member for such services, he or she shall give notice in writing to such member that he or she intends to hold such member liable under this section. Such notice shall be given within one hundred eighty days after termination of such services. An action to enforce such liability shall be commenced within ninety days after the return of an execution unsatisfied against the limited liability company upon a judgment recovered against it for such services. A member who has paid more than his or her pro rata share under this section shall be entitled to contribution pro rata from the other members liable under this section with respect to the excess so paid, over and above his or her pro rata share, and may sue them jointly EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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