senate Bill S858

2021-2022 Legislative Session

Relates to wage theft

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2021 referred to labor
delivered to assembly
passed senate
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

Co-Sponsors

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S858 (ACTIVE) - Details

See Assembly Version of this Bill:
A1893
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§193 & 198, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S5777, A7841

S858 (ACTIVE) - Summary

Relates to clarifying provisions prohibiting wage theft; provides that there are no exceptions to liability for failure to pay wages.

S858 (ACTIVE) - Sponsor Memo

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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