assembly Bill A9008

2019-2020 Legislative Session

Relates to securing payment of wages for work already performed; creates an employee lien

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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
Jul 14, 2020 reported referred to codes
Jan 10, 2020 referred to judiciary

Co-Sponsors

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A9008 (ACTIVE) - Details

See Senate Version of this Bill:
S7256
Current Committee:
Assembly Codes
Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210 & 6211, R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L
Versions Introduced in 2021-2022 Legislative Session:
A766, S2762

A9008 (ACTIVE) - Summary

Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft (view more) relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.

A9008 (ACTIVE) - Bill Text download pdf


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

                                  9008

                          I N  A S S E M B L Y

                            January 10, 2020
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed liability company law, in relation to creating a right for  victims
  of  wage  theft  to  hold  the  ten members with the largest ownership
  interests in a company personally liable for wage theft

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

  Section  1.  Section  2 of the lien law is amended by adding three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE, EXCEPT THAT  THE
TERM "EMPLOYER" SHALL NOT INCLUDE A GOVERNMENTAL AGENCY.
  23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS  ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-D, SIX
HUNDRED  FIFTY-TWO  OR SIX HUNDRED SEVENTY-THREE OF THE LABOR LAW OR THE
RELATED REGULATIONS AND WAGE ORDERS PROMULGATED BY THE  COMMISSIONER,  A
CLAIM  FOR  WAGES  DUE TO AN EMPLOYEE PURSUANT TO AN EMPLOYMENT CONTRACT
THAT WERE UNPAID IN VIOLATION OF THAT  CONTRACT,  OR  A  CLAIM  THAT  AN
EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. § 206 OR 207.
  §  2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets