senate Bill S2762

2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
Apr 26, 2021 advanced to third reading
Apr 21, 2021 2nd report cal.
Apr 20, 2021 1st report cal.693
Jan 25, 2021 referred to judiciary

Votes

view votes

Apr 20, 2021 - Judiciary committee Vote

S2762
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: Apr 20, 2021

aye wr (1)

Co-Sponsors

view additional co-sponsors

S2762 (ACTIVE) - Details

See Assembly Version of this Bill:
A766
Current Committee:
Senate Rules
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 2019-2020 Legislative Session:
S7256, A9008

S2762 (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.

S2762 (ACTIVE) - Sponsor Memo

S2762 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2762
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BAILEY, BIAGGI, GIANARIS, GOUNARDES, HOYLMAN,
   JACKSON,  KAPLAN,  KENNEDY,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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