S T A T E   O F   N E W   Y O R K
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                                   4224
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to authorizing employers with
   less than five hundred employees to pay bi-weekly wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subparagraph (ii) of  paragraph  a
 of  subdivision 1 of section 191 of the labor law, as amended by chapter
 168 of the laws of 1993, is amended to read as follows:
   The commissioner may authorize an employer  which  has  in  the  three
 years  preceding  the  application employed an average of [one thousand]
 FIVE HUNDRED or more persons in this state or has for one year preceding
 the application employed an average of [one thousand]  FIVE  HUNDRED  or
 more  persons in this state and has for three years preceding the appli-
 cation employed an average of three thousand or more persons outside the
 state to pay less frequently than weekly but not  less  frequently  than
 semi-monthly if the employer furnishes satisfactory proof to the commis-
 sioner  of  its continuing ability to meet its payroll responsibilities.
 In making this determination the commissioner shall consider the follow-
 ing: (A) the employer's history meeting its payroll responsibilities  in
 New  York  state  or  if no such history in New York state is available,
 other financial information, as requested  by  the  commissioner,  which
 will  assist  the  commissioner  in  determining  the  likelihood of the
 employer's continuing ability  to  meet  payroll  responsibilities;  (B)
 proof of the employer's coverage for workers' compensation and disabili-
 ty;  (C)  proof that there are no outstanding warrants of the department
 of taxation and finance or the department [of labor] against the employ-
 er for failure to remit state personal income tax withholdings or  unem-
 ployment  insurance contributions; and (D) proof that the employer has a
 computerized record keeping system for  payroll  which,  at  a  minimum,
 specifies hours worked, rate of pay, gross wages, deductions and date of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10273-02-9

 S. 4224                             2
 
 pay for each employee.  If the employers' manual workers are represented
 by  a labor organization, the commissioner shall not grant an employer's
 application for authorization under this subparagraph unless that  labor
 organization consents thereto.
   §  2.  Subdivision  1  of  section  191 of the labor law is amended by
 adding two new paragraphs e and f to read as follows:
   E. EXCEPTION.--- EMPLOYERS WITH LESS THAN FIVE HUNDRED  EMPLOYEES  MAY
 PAY WAGES UNDER THIS SECTION ON A BI-WEEKLY SCHEDULE.
   F.  NOTICE.---  ANY  EMPLOYER  PAYING ANY OF ITS EMPLOYEES ON A WEEKLY
 BASIS PRIOR TO JULY FIRST TWO THOUSAND NINETEEN SHALL, PRIOR  TO  PAYING
 SUCH  EMPLOYEES  ON  A BI-WEEKLY BASIS PURSUANT TO THIS SECTION, PROVIDE
 EACH EMPLOYEE WITH WRITTEN NOTICE OF SUCH CHANGE AT LEAST NINETY DAYS IN
 ADVANCE OF THE FIRST SUCH BI-WEEKLY PAYCHECK.
   § 3. This act shall take effect immediately.