Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to labor |
May 24, 2019 | referred to labor |
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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Co-Sponsors
Ellen C. Jaffee
Carmen De La Rosa
Felix Ortiz
Anthony D'Urso
Multi-Sponsors
Steven Englebright
A7841 (ACTIVE) - Details
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