assembly Bill A3350A

2021-2022 Legislative Session

Relates to actions for non-payment of wages

download bill text pdf

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2021 returned to assembly
passed senate
3rd reading cal.1110
substituted for s2766c
Jun 01, 2021 referred to labor
returned to senate
repassed assembly
May 26, 2021 amended on third reading (t) 3350a
May 26, 2021 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jan 26, 2021 referred to labor
delivered to senate
passed assembly
ordered to third reading rules cal.14
rules report cal.14
reported
reported referred to rules
reported referred to codes
Jan 22, 2021 referred to labor

Co-Sponsors

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A3350 - Details

See Senate Version of this Bill:
S2766
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A9658, S7665

A3350 - 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.

A3350 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3350
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred 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

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A3350A (ACTIVE) - Details

See Senate Version of this Bill:
S2766
Law Section:
Labor Law
Laws Affected:
Add §198-e, Lab L; add §756-f, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A9658, S7665

A3350A (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.

A3350A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3350--A
                                                             R. R. 14
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, BRONSON, OTIS, SIMON, GONZALEZ-ROJAS,
   KELLES, L. ROSENTHAL, BRABENEC  --  read  once  and  referred  to  the
   Committee  on Labor -- reported and referred to the Committee on Codes
   -- reported and referred to the Committee on Rules  --  ordered  to  a
   third  reading,  passed  by  Assembly  and  delivered  to  the Senate,
   recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
   reprinted, retaining its place on the special 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.
   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