|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 10, 2021||referred to labor|
delivered to assembly
|Jan 25, 2021||advanced to third reading|
|Jan 20, 2021||2nd report cal.|
|Jan 19, 2021||1st report cal.114|
|Jan 06, 2021||referred to labor|
senate Bill S858
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S858 (ACTIVE) - Details
S858 (ACTIVE) - Sponsor Memo
BILL NUMBER: S858 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the labor law, in relation to wage theft PURPOSE OR GENERAL IDEA OF BILL: To clarify that Article 6 of New York's Labor Law completely and without exception prohibits lack of distribution of earned wages. SUMMARY OF PROVISIONS: Section 1 of the bill outlines the legislature's finding that different sections of Article 6 of New York's Labor Law must be amended to clarify that wage theft remains illegal without exception. Section 2 establishes that this act shall be known as the "No Wage Theft Loophole Act."
S858 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 858 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. GOUNARDES, BIAGGI, GAUGHRAN, JACKSON, KRUEGER, MYRIE, SEPULVEDA, SKOUFIS -- 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 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.
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