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Assembly Bill A3168

2021-2022 Legislative Session

Relates to benefits and supplemental wages

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Archive: Last Bill Status - In Assembly Committee

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2021-A3168 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §198-c, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7270
2023-2024: A3901

2021-A3168 (ACTIVE) - Summary

Prohibits agreements to pay or provide benefits or wage supplements from including a provision specifying that an employee with accrued, unused vacation pay will not be compensated for such vacation pay upon termination and provides for a minimum of two weeks of wages upon termination to employees who receive granted time.

2021-A3168 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3168
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to benefits and  supplemental
   wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 198-c of the labor law, as amended by  chapter  328
 of  the  laws of 1972 and subdivision 3 as amended by chapter 304 of the
 laws of 2007, is amended to read as follows:
   § 198-c. Benefits or wage supplements. 1. In  addition  to  any  other
 penalty  or  punishment otherwise prescribed by law, any employer who is
 party to an agreement to pay or provide benefits or wage supplements  to
 employees  or  to a third party or fund for the benefit of employees and
 who fails, neglects or refuses to pay the amount or amounts necessary to
 provide such benefits or furnish such  supplements  within  thirty  days
 after such payments are required to be made, shall be guilty of a misde-
 meanor, and upon conviction shall be punished as provided in section one
 hundred  ninety-eight-a of this article. Where such employer is a corpo-
 ration, the  president,  secretary,  treasurer  or  officers  exercising
 corresponding functions shall each be guilty of a misdemeanor.
   2.  As used in this section, the [term] FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "[benefits] BENEFITS or wage supplements"  includes,  but  is  not
 limited  to,  reimbursement for expenses; health, welfare and retirement
 benefits; and vacation, separation or holiday pay.
   (B) "GRANTED TIME" SHALL MEAN BENEFITS OR WAGE SUPPLEMENTS GRANTED  TO
 AN EMPLOYEE ON A PER-REQUEST BASIS AND NOT ACCRUED.
   3.  [This  section shall not apply to any person in a bona fide execu-
 tive, administrative, or professional capacity  whose  earnings  are  in
 excess  of  nine  hundred  dollars  a  week.] (A) NO AGREEMENT TO PAY OR
 PROVIDE BENEFITS OR WAGE SUPPLEMENTS SHALL INCLUDE A PROVISION  SPECIFY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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