Assembly Bill A391

2019-2020 Legislative Session

Includes bonus in the definition of wages for purposes of the labor law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A391 (ACTIVE) - Details

See Senate Version of this Bill:
S7254
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §190, add §193-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7619
2015-2016: A768
2017-2018: A2500
2021-2022: A262, S1998
2023-2024: A4283, S2051

2019-A391 (ACTIVE) - Summary

Includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared; relates to the forfeit of wages.

2019-A391 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    391
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. STECK, GOTTFRIED -- read once and referred to the
   Committee on Labor
 
 AN  ACT  to  amend the labor law, in relation to including bonus compen-
   sation in the definition of wages and forfeit of wages

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 190 of the labor law, as amended
 by chapter 328 of the laws of 1972, is amended and a new subdivision  10
 is added to read as follows:
   1.  "Wages"  means  the  earnings of an employee for labor or services
 rendered, regardless of whether the amount of earnings is determined  on
 a  time, piece, commission, BONUS, or other basis. The term "wages" also
 includes benefits or wage supplements as defined in section one  hundred
 ninety-eight-c  of this article, except for the purposes of sections one
 hundred ninety-one and one hundred ninety-two of this article.
   10.  "BONUS" CONSTITUTES WAGES AS DEFINED IN SUBDIVISION ONE  OF  THIS
 SECTION, REGARDLESS OF THE SOURCE OF REVENUE, WHEN (A) THE FORMULA UNDER
 WHICH  A  BONUS  IS  DETERMINED  IS CERTAIN AND ALL THE DATA UTILIZED IN
 CALCULATING THE AMOUNT OF A BONUS UNDER THE FORMULA IS AVAILABLE TO  THE
 EMPLOYER  OR  (B)  WHEN  THE  AMOUNT OF A BONUS HAS BEEN DECLARED BY THE
 EMPLOYER.
   § 2. The labor law is amended by adding a new section 193-a to read as
 follows:
   § 193-A. WAGES NON-FORFEITABLE. ALL WAGES COVERED UNDER  THIS  ARTICLE
 SHALL  BE  NON-FORFEITABLE  ONCE  THE AMOUNT OF THE WAGE IS KNOWN OR CAN
 WITH REASONABLE CERTAINTY BE KNOWN.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03372-01-9

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