assembly Bill A7841

2019-2020 Legislative Session

Relates to wage theft

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to labor
May 24, 2019 referred to labor

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A7841 (ACTIVE) - Details

See Senate Version of this Bill:
S5777
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§193 & 198, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A1893, S858

A7841 (ACTIVE) - Summary

Relates to clarifying provisions prohibiting wage theft; provides that there are no exceptions to liability for failure to pay wages.

A7841 (ACTIVE) - Bill Text download pdf


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

                                  7841

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 24, 2019
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to wage theft

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  Article  6  of the labor law, and
sections 193 and 198(3) in particular, reflects New York's  longstanding
policy  against  the  forfeiture  of earned but undistributed wages. The
purpose of this remedial amendment is to clarify that: (a) the unauthor-
ized failure to pay wages, benefits and wage supplements has always been
encompassed by the prohibitions  of  section  193,  see,  e.g.,  Ryan  v
Kellogg  Partners Inst. Servs., 19 N.Y. 3d 1, 16 (2012) (correctly hold-
ing that employer's  neglect  to  pay  sum  that  constitutes  a  "wage"
violated section 193); and (b) consistent with established principles of
statutory  construction,  section  193 should be harmonized with section
198(3)'s guarantee that "All employees shall have the right  to  recover
full  wages,  benefits  and  wage supplements and liquidated damages." A
wage is either owed or it is not. Employers have  a  statutory  duty  to
provide  employees  with enough information to know how their employment
compensation is calculated. The legislature thus finds  that  it  has  a
responsibility to harmonize these two sections of the labor law to clar-
ify  for  the courts once and for all that wage theft remains completely
and without exception in violation of  statute  and  all  employees  are
entitled to full wages, benefits and wage supplements earned.
  §  2.  This  act shall be known and may be cited as the "No wage theft
loophole act".
  § 3. Section 193 of the labor law is amended by adding a new  subdivi-
sion 5 to read as follows:
  5. THERE IS NO EXCEPTION TO LIABILITY UNDER THIS SECTION FOR THE UNAU-
THORIZED FAILURE TO PAY WAGES, BENEFITS OR WAGE SUPPLEMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11710-01-9