senate Bill S7256

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 referred to codes
delivered to assembly
passed senate
Jul 21, 2020 ordered to third reading cal.816
Jul 20, 2020 reported and committed to rules
reported and committed to rules
Jan 14, 2020 referred to judiciary

Votes

view votes

Jul 21, 2020 - Rules committee Vote

S7256
12
6
committee
12
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Judiciary committee Vote

S7256
10
4
committee
10
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jul 20, 2020

aye wr (1)

Co-Sponsors

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S7256 (ACTIVE) - Details

See Assembly Version of this Bill:
A9008
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:
S2762, A766

S7256 (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.

S7256 (ACTIVE) - Sponsor Memo

S7256 (ACTIVE) - Bill Text download pdf


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

                                  7256

                            I N  S E N A T E

                            January 14, 2020
                               ___________

Introduced by Sens. RAMOS, BAILEY, BIAGGI, GIANARIS, GOUNARDES, HOYLMAN,
  JACKSON,  KRUEGER,  LIU,  RIVERA,  SALAZAR,  SANDERS, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  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.

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

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