Senate Bill S7254

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 Senate Committee Labor 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-S7254 (ACTIVE) - Details

See Assembly Version of this Bill:
A391
Current Committee:
Senate 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: S1998, A262
2023-2024: S2051, A4283

2019-S7254 (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-S7254 (ACTIVE) - Sponsor Memo

2019-S7254 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7254
 
                             I N  S E N A T E
 
                             January 14, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.