|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 28, 2020 |
referred to judiciary delivered to assembly passed senate |
| Jan 22, 2020 |
amended on third reading 6727b |
| Jan 21, 2020 |
advanced to third reading |
| Jan 15, 2020 |
2nd report cal. |
| Jan 14, 2020 |
1st report cal.150 |
| Jan 08, 2020 |
print number 6727a |
| Jan 08, 2020 |
amend and recommit to judiciary referred to judiciary |
| Sep 18, 2019 |
referred to rules |
Senate Bill S6727B
2019-2020 Legislative Session
Sponsored By
(D) 6th Senate District
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
Actions
Votes
Bill Amendments
2019-S6727 - Details
2019-S6727 - Summary
Relates to the liability of payroll processing companies; provides that payroll processing companies that intentionally and wrongfully prevent the distribution of payroll shall be liable to employees that failed to receive an expected payment for an amount up to three times the expected amount; and provides an action to recover damages may be maintained as a class action.
2019-S6727 - Sponsor Memo
BILL NUMBER: S6727
SPONSOR: THOMAS
TITLE OF BILL: An act to amend the general obligations law, in
relation to the liability of payroll processing companies
PURPOSE OR GENERAL IDEA OF BILL:
To provide compensation for workers who miss paychecks through no fault
of their own by imposing liability for up to three times the amount of
the paycheck on payroll processing companies who intentionally prevent
the distribution of the payroll.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section 11-108 to the general obli-
gations law to provide that where a person is under contract to an
employer to distribute the employer's payroll and intentionally prevents
the distribution of that payroll, the person shall be liable to the
employees for up to three times the amount of any expected payments
missed. The employees would be able to maintain a class action under
2019-S6727 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6727
2019-2020 Regular Sessions
I N S E N A T E
September 18, 2019
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general obligations law, in relation to the liabil-
ity of payroll processing companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general obligations law is amended by adding a new
section 11-108 to read as follows:
§ 11-108. LIABILITY OF PAYROLL PROCESSING COMPANY. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON UNDER CONTRACT TO
AN EMPLOYER TO DISTRIBUTE THE EMPLOYER'S PAYROLL THAT INTENTIONALLY
PREVENTS THE DISTRIBUTION OF SUCH PAYROLL PURSUANT TO THE CONTRACT WITH
THE EMPLOYER SHALL BE LIABLE TO AN EMPLOYEE OF THE EMPLOYER THAT FAILED
TO RECEIVE AN EXPECTED PAYMENT FOR AN AMOUNT UP TO THREE TIMES THE
EXPECTED PAYMENT. LIABILITY UNDER THIS SECTION IS IN ADDITION TO ANY
OTHER APPLICABLE PENALTIES AND CAUSES OF ACTION. AN ACTION TO RECOVER
DAMAGES UNDER THIS SECTION MAY BE MAINTAINED AS A CLASS ACTION, NOTWITH-
STANDING SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL PRACTICE
LAW AND RULES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13797-01-9
2019-S6727A - Details
2019-S6727A - Summary
Relates to the liability of payroll processing companies; provides that payroll processing companies that intentionally and wrongfully prevent the distribution of payroll shall be liable to employees that failed to receive an expected payment for an amount up to three times the expected amount; and provides an action to recover damages may be maintained as a class action.
2019-S6727A - Sponsor Memo
BILL NUMBER: S6727A Revised 1/8/2020
SPONSOR: THOMAS
TITLE OF BILL:
An act to amend the general obligations law, in relation to the liabil-
ity of payroll processing companies
PURPOSE OR GENERAL IDEA OF BILL:
To provide compensation for workers who miss paychecks through no fault
of their own by imposing liability for up to three times the amount of
the paycheck on payroll processing companies who intentionally prevent
the distribution of the payroll.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section 11-108 to the general obli-
gations law to provide that where a person is under contract to an
employer to distribute the employer's payroll and intentionally and
wrongfully prevents the distribution of that payroll, the person shall
2019-S6727A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6727--A
2019-2020 Regular Sessions
I N S E N A T E
September 18, 2019
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general obligations law, in relation to the liabil-
ity of payroll processing companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general obligations law is amended by adding a new
section 11-108 to read as follows:
§ 11-108. LIABILITY OF PAYROLL PROCESSING COMPANY. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON UNDER CONTRACT TO
AN EMPLOYER TO DISTRIBUTE THE EMPLOYER'S PAYROLL THAT INTENTIONALLY AND
WRONGFULLY PREVENTS THE DISTRIBUTION OF SUCH PAYROLL PURSUANT TO THE
CONTRACT WITH THE EMPLOYER SHALL BE LIABLE TO AN EMPLOYEE OF THE EMPLOY-
ER THAT FAILED TO RECEIVE AN EXPECTED PAYMENT FOR AN AMOUNT UP TO THREE
TIMES THE EXPECTED PAYMENT. LIABILITY UNDER THIS SECTION IS IN ADDITION
TO ANY OTHER APPLICABLE PENALTIES AND CAUSES OF ACTION. AN ACTION TO
RECOVER DAMAGES UNDER THIS SECTION MAY BE MAINTAINED AS A CLASS ACTION,
NOTWITHSTANDING SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL
PRACTICE LAW AND RULES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13797-02-0
2019-S6727B (ACTIVE) - Details
2019-S6727B (ACTIVE) - Summary
Relates to the liability of payroll processing companies; provides that payroll processing companies that intentionally and wrongfully prevent the distribution of payroll shall be liable to employees that failed to receive an expected payment for an amount up to three times the expected amount; and provides an action to recover damages may be maintained as a class action.
2019-S6727B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6727B
SPONSOR: THOMAS
TITLE OF BILL:
An act to amend the general obligations law, in relation to the liabil-
ity of payroll processing companies
PURPOSE OR GENERAL IDEA OF BILL: To provide compensation for workers
who miss paychecks through no fault of their own by imposing liability
for up to three times the amount of the paycheck on payroll processing
companies who intentionally prevent the distribution of the payroll.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1, subsection 1 of the bill adds a new section 11-108 to the
general obligations law defining payroll processing company as a person
or business entity that contracts with an employer to 1) calculate,
process, and produce wage payments under the employer's federal employer
identification number, 2) remit taxes to the government under the
2019-S6727B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6727--B
Cal. No. 150
2019-2020 Regular Sessions
I N S E N A T E
September 18, 2019
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general obligations law, in relation to the liabil-
ity of payroll processing companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general obligations law is amended by adding a new
section 11-108 to read as follows:
§ 11-108. LIABILITY OF PAYROLL PROCESSING COMPANY. 1. FOR THE
PURPOSES OF THIS SECTION, "PAYROLL PROCESSING COMPANY" MEANS A PERSON OR
BUSINESS ENTITY UNDER CONTRACT TO AN EMPLOYER THAT: (A) CALCULATES,
PROCESSES AND PRODUCES WAGE PAYMENTS TO THE EMPLOYER'S EMPLOYEES UNDER
SUCH EMPLOYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER; (B) WITHHOLDS
AND REMITS APPLICABLE TAXES TO GOVERNMENT AGENCIES USING THE EMPLOYER'S
FEDERAL EMPLOYMENT IDENTIFICATION NUMBER; (C) ISSUES FEDERAL AND STATE
INCOME TAX FORMS TO THE EMPLOYER'S EMPLOYEES USING SUCH EMPLOYER'S
FEDERAL EMPLOYER IDENTIFICATION NUMBER; AND (D) CONDITIONS WAGE PAYMENTS
TO THE EMPLOYER'S EMPLOYEES ON THE ADVANCE RECEIPT OF FUNDS FROM SUCH
EMPLOYER TO FULLY COVER SUCH WAGE PAYMENTS. A PERSON ACTING AS AN
EMPLOYER UNDER 26 U.S.C. 3401(D)(1) THAT OTHERWISE MEETS THE DEFINITION
OF A PAYROLL PROCESSING COMPANY SHALL NOT BE CONSIDERED A PAYROLL PROC-
ESSING COMPANY IF THE PERSON ACTING AS AN EMPLOYER AND THE EMPLOYEE ARE
SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT AND SUCH COLLECTIVE
BARGAINING AGREEMENT EXPRESSLY PROVIDES FOR THE RECOVERY OF UNPAID, LOST
OR STOLEN WAGES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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