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