senate Bill S2766C

Signed By Governor
2021-2022 Legislative Session

Relates to actions for non-payment of wages

download bill text pdf

Sponsored By

Current Bill Status Via A3350 - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 06, 2021 approval memo.18
signed chap.419
Sep 03, 2021 delivered to governor
Jun 02, 2021 returned to assembly
passed senate
3rd reading cal.1110
substituted for s2766c
Jun 02, 2021 substituted by a3350a
May 26, 2021 amended on third reading 2766c
May 25, 2021 amended on third reading 2766b
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1110
May 13, 2021 print number 2766a
May 13, 2021 amend (t) and recommit to labor
Jan 25, 2021 referred to labor

Co-Sponsors

view additional co-sponsors

S2766 - Details

See Assembly Version of this Bill:
A3350
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7665, A9658

S2766 - Summary

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor; provides for wage theft prevention and enforcement.

S2766 - Sponsor Memo

S2766 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2766
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 actions for non-payment of
   wages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The labor law is amended by adding a new section 198-e to
 read as follows:
   § 198-E. CONSTRUCTION INDUSTRY WAGE THEFT. 1. A CONTRACTOR  MAKING  OR
 TAKING  A  CONSTRUCTION  CONTRACT  SHALL  ASSUME  LIABILITY FOR ANY DEBT
 RESULTING FROM AN ACTION UNDER SECTION ONE HUNDRED NINETY-EIGHT OF  THIS
 ARTICLE,  OWED  TO A WAGE CLAIMANT OR THIRD PARTY ON THE WAGE CLAIMANT'S
 BEHALF, INCURRED BY A SUBCONTRACTOR AT ANY TIER ACTING UNDER, BY, OR FOR
 THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE WAGE CLAIMANT'S PERFORMANCE
 OF LABOR.
   2. NO AGREEMENT OR RELEASE BY AN EMPLOYEE OR  SUBCONTRACTOR  TO  WAIVE
 LIABILITY  ASSIGNED  TO  A CONTRACTOR UNDER THIS SECTION SHALL BE VALID.
 THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO IMPAIR THE  RIGHTS
 OF  A  CONTRACTOR TO MAINTAIN AN ACTION AGAINST A SUBCONTRACTOR FOR OWED
 WAGES THAT ARE PAID BY A CONTRACTOR PURSUANT TO THIS SECTION.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE REMEDIES  AVAILABLE
 FOR  A  CLAIM  PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL ONLY BE
 CIVIL AND ADMINISTRATIVE ACTIONS.
   4. IN THE CASE OF A PRIVATE CIVIL ACTION BY AN EMPLOYEE, SUCH EMPLOYEE
 MAY DESIGNATE ANY PERSON, ORGANIZATION OR  COLLECTIVE  BARGAINING  AGENT
 AUTHORIZED  TO  FILE  A  COMPLAINT  WITH  THE  COMMISSIONER  PURSUANT TO
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE, TO MAKE A  WAGE  CLAIM
 ON  HIS OR HER BEHALF.
   5.  IN  THE  CASE OF AN ACTION AGAINST A SUBCONTRACTOR, THE CONTRACTOR
 SHALL BE CONSIDERED JOINTLY AND SEVERALLY LIABLE FOR ANY  UNPAID  WAGES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-02-1

Co-Sponsors

view additional co-sponsors

S2766A - Details

See Assembly Version of this Bill:
A3350
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7665, A9658

S2766A - Summary

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor; provides for wage theft prevention and enforcement.

S2766A - Sponsor Memo

S2766A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2766--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRISPORT,
   BROOKS, COMRIE, GAUGHRAN, HINCHEY, HOYLMAN, JACKSON, MANNION, MATTERA,
   MAY, MAYER, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA, SALAZAR, SANDERS,
   SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law and the general business law, in  relation
   to actions for non-payment of wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  198-e  to
 read as follows:
   §  198-E.  CONSTRUCTION INDUSTRY WAGE THEFT. 1. A CONTRACTOR MAKING OR
 TAKING A CONSTRUCTION CONTRACT  SHALL  ASSUME  LIABILITY  FOR  ANY  DEBT
 RESULTING  FROM AN ACTION UNDER SECTION ONE HUNDRED NINETY-EIGHT OF THIS
 ARTICLE, OWED TO A WAGE CLAIMANT OR THIRD PARTY ON THE  WAGE  CLAIMANT'S
 BEHALF, INCURRED BY A SUBCONTRACTOR AT ANY TIER ACTING UNDER, BY, OR FOR
 THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE WAGE CLAIMANT'S PERFORMANCE
 OF LABOR.
   2.  NO  AGREEMENT  OR RELEASE BY AN EMPLOYEE OR SUBCONTRACTOR TO WAIVE
 LIABILITY ASSIGNED TO A CONTRACTOR UNDER THIS  SECTION  SHALL  BE  VALID
 EXCEPT  AS  OTHERWISE  PROVIDED HEREIN.   THE PROVISIONS OF THIS SECTION
 SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF A CONTRACTOR TO MAINTAIN  AN
 ACTION AGAINST A SUBCONTRACTOR OR LOWER TIERED SUBCONTRACTOR FOR AMOUNTS
 FOR OWED WAGES THAT ARE PAID BY A CONTRACTOR PURSUANT TO THIS SECTION.
   3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE REMEDIES AVAILABLE
 FOR A CLAIM PURSUANT TO SUBDIVISION ONE OF THIS SECTION  SHALL  ONLY  BE
 CIVIL AND ADMINISTRATIVE ACTIONS.
   4. IN THE CASE OF A PRIVATE CIVIL ACTION BY AN EMPLOYEE, SUCH EMPLOYEE
 MAY  DESIGNATE  ANY  PERSON, ORGANIZATION OR COLLECTIVE BARGAINING AGENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S2766B - Details

See Assembly Version of this Bill:
A3350
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7665, A9658

S2766B - Summary

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor; provides for wage theft prevention and enforcement.

S2766B - Sponsor Memo

S2766B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2766--B
     Cal. No. 1110
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRISPORT,
   BROOKS, COMRIE, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN,  JACKSON,  LIU,
   MANNION, MATTERA, MAY, MAYER, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA,
   RYAN, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, 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 labor law and the general business law, in  relation
   to actions for non-payment of wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  198-e  to
 read as follows:
   §  198-E.  CONSTRUCTION INDUSTRY WAGE THEFT. 1. A CONTRACTOR MAKING OR
 TAKING A CONSTRUCTION CONTRACT  SHALL  ASSUME  LIABILITY  FOR  ANY  DEBT
 RESULTING  FROM AN ACTION UNDER SECTION ONE HUNDRED NINETY-EIGHT OF THIS
 ARTICLE, OWED TO A WAGE CLAIMANT OR THIRD PARTY ON THE  WAGE  CLAIMANT'S
 BEHALF, INCURRED BY A SUBCONTRACTOR AT ANY TIER ACTING UNDER, BY, OR FOR
 THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE WAGE CLAIMANT'S PERFORMANCE
 OF LABOR.
   2.  NO  AGREEMENT  OR RELEASE BY AN EMPLOYEE OR SUBCONTRACTOR TO WAIVE
 LIABILITY ASSIGNED TO A CONTRACTOR UNDER THIS  SECTION  SHALL  BE  VALID
 EXCEPT  AS  OTHERWISE  PROVIDED HEREIN.   THE PROVISIONS OF THIS SECTION
 SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF A CONTRACTOR TO MAINTAIN  AN
 ACTION  AGAINST A SUBCONTRACTOR FOR AMOUNTS FOR OWED WAGES THAT ARE PAID
 BY A CONTRACTOR PURSUANT TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-07-1

Co-Sponsors

view additional co-sponsors

S2766C (ACTIVE) - Details

See Assembly Version of this Bill:
A3350
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7665, A9658

S2766C (ACTIVE) - Summary

Provides that a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant's performance of labor; provides for wage theft prevention and enforcement.

S2766C (ACTIVE) - Sponsor Memo

S2766C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2766--C
     Cal. No. 1110
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRISPORT,
   BROOKS, COMRIE, GAUGHRAN, GOUNARDES, HINCHEY, HOYLMAN,  JACKSON,  LIU,
   MANNION, MATTERA, MAY, MAYER, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA,
   RYAN, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading --  again
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the labor law and the general business law, in  relation
   to actions for non-payment of wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  198-e  to
 read as follows:
   §  198-E.  CONSTRUCTION INDUSTRY WAGE THEFT. 1. A CONTRACTOR MAKING OR
 TAKING A CONSTRUCTION CONTRACT  SHALL  ASSUME  LIABILITY  FOR  ANY  DEBT
 RESULTING  FROM AN ACTION UNDER SECTION ONE HUNDRED NINETY-EIGHT OF THIS
 ARTICLE, OWED TO A WAGE CLAIMANT OR THIRD PARTY ON THE  WAGE  CLAIMANT'S
 BEHALF, INCURRED BY A SUBCONTRACTOR AT ANY TIER ACTING UNDER, BY, OR FOR
 THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE WAGE CLAIMANT'S PERFORMANCE
 OF LABOR.
   2.  NO  AGREEMENT  OR RELEASE BY AN EMPLOYEE OR SUBCONTRACTOR TO WAIVE
 LIABILITY ASSIGNED TO A CONTRACTOR UNDER THIS  SECTION  SHALL  BE  VALID
 EXCEPT  AS  OTHERWISE  PROVIDED HEREIN.   THE PROVISIONS OF THIS SECTION
 SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF A CONTRACTOR TO MAINTAIN  AN
 ACTION  AGAINST A SUBCONTRACTOR FOR AMOUNTS FOR OWED WAGES THAT ARE PAID
 BY A CONTRACTOR PURSUANT TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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