Assembly Bill A7038

2019-2020 Legislative Session

Makes provisions with respect to the direct payment of wages in a financial institution

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A7038 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §192, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2425
2011-2012: A2077
2013-2014: A2796, A9837
2015-2016: A5873
2017-2018: A6306

2019-A7038 (ACTIVE) - Summary

Makes provisions with respect to the direct payment or deposit of wages in a bank or other financial institution; provides that employers are not authorized to select or mandate a specific bank or other financial institution for purposes of making deposits for employees.

2019-A7038 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7038
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced by M. of A. FINCH -- Multi-Sponsored by -- M. of A. GIGLIO --
   read once and referred to the Committee on Labor
 
 AN  ACT to amend the labor law, in relation to the direct pay or deposit
   of wages in a bank or other financial institution
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 192 of the labor law, as amended by chapter 301 of
 the  laws  of 1974, subdivision 1 as added by chapter 475 of the laws of
 1981 and as renumbered by chapter 170 of the laws of 1994, subdivision 2
 as amended by chapter 304 of the laws of 2007, is  amended  to  read  as
 follows:
   §  192. Cash payment of wages.  1. [No] AN employer [shall without the
 advance written consent of any employee] MAY directly pay or deposit the
 net wage or salary of [such] AN employee in a bank  or  other  financial
 institution.
   2. This section shall not apply to any person [employed in a bona fide
 executive,  administrative,  or professional capacity whose earnings are
 in excess of nine hundred dollars a week, nor to employees] working on a
 farm not connected with a factory OR EMPLOYED BY  A  SMALL  BUSINESS  AS
 DEFINED IN SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE
 ACT.
   3.  NO PROVISION OF THIS SECTION SHALL AUTHORIZE AN EMPLOYER TO SELECT
 OR MANDATE A SPECIFIC  BANK  OR  OTHER  FINANCIAL  INSTITUTION  FOR  THE
 PURPOSES OF MAKING DIRECT DEPOSITS ON BEHALF OF EMPLOYEES.
   4.  NO  EMPLOYER,  WHO HAS A DUTY TO BARGAIN, SHALL MAKE SUCH DEPOSITS
 FOR EMPLOYEES COVERED BY A COLLECTIVE BARGAINING UNIT UNTIL AN AGREEMENT
 AUTHORIZING SUCH DEPOSITS HAS BEEN RATIFIED BY SUCH COLLECTIVE  BARGAIN-
 ING UNIT.
   §  2.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05511-01-9

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