Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 19, 2021 |
signed chap.397 |
Aug 09, 2021 |
delivered to governor |
Jun 02, 2021 |
returned to senate passed assembly |
May 24, 2021 |
ordered to third reading rules cal.79 substituted for a1893 |
May 24, 2021 |
substituted by s858 rules report cal.79 reported |
May 19, 2021 |
reported referred to rules |
Apr 28, 2021 |
reported referred to codes |
Jan 11, 2021 |
referred to labor |
Assembly Bill A1893
Signed By Governor2021-2022 Legislative Session
Sponsored By
SIMON
Archive: Last Bill Status Via S858 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
Steven Englebright
Phil Steck
Diana Richardson
Steven Otis
multi-Sponsors
Charles Barron
Harry B. Bronson
Vivian Cook
Catalina Cruz
2021-A1893 (ACTIVE) - Details
2021-A1893 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1893 2021-2022 Regular Sessions I N A S S E M B L Y January 11, 2021 ___________ Introduced by M. of A. SIMON, ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. BARRON, BRONSON, COOK, CRUZ, DE LA ROSA, DICKENS, FRONTUS, GALEF, GLICK, GOTTFRIED, NIOU, PICHARDO, QUART, REYES, SAYEGH, WILLIAMS, ZEBROWSKI -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to wage theft THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. Article 6 of the labor law, and sections 193 and 198(3) in particular, reflects New York's longstanding policy against the forfeiture of earned but undistributed wages. The purpose of this remedial amendment is to clarify that: (a) the unauthor- ized failure to pay wages, benefits and wage supplements has always been encompassed by the prohibitions of section 193, see, e.g., Ryan v Kellogg Partners Inst. Servs., 19 N.Y. 3d 1, 16 (2012) (correctly hold- ing that employer's neglect to pay sum that constitutes a "wage" violated section 193); and (b) consistent with established principles of statutory construction, section 193 should be harmonized with section 198(3)'s guarantee that "All employees shall have the right to recover full wages, benefits and wage supplements and liquidated damages." A wage is either owed or it is not. Employers have a statutory duty to provide employees with enough information to know how their employment compensation is calculated. The legislature thus finds that it has a responsibility to harmonize these two sections of the labor law to clar- ify for the courts once and for all that wage theft remains completely and without exception in violation of statute and all employees are entitled to full wages, benefits and wage supplements earned. § 2. This act shall be known and may be cited as the "No wage theft loophole act". § 3. Section 193 of the labor law is amended by adding a new subdivi- sion 5 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01120-01-1
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