assembly Bill A46

2023-2024 Legislative Session

Relates to securing payment of wages for work already performed; creates an employee lien

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2023 referred to judiciary

Co-Sponsors

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A46 (ACTIVE) - Details

See Senate Version of this Bill:
S1977
Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd Lien L, generally; amd §§199-a & 663, Lab L; amd §§6201, 6210 & 6211, R6212, CPLR; amd §§624 & 630, BC L; amd §§609 & 1102, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9008, S7256
2021-2022: A766, S2762

A46 (ACTIVE) - Summary

Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft (view more) relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.

A46 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    46
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  AUBRY, TAYLOR, SIMON, SAYEGH,
   DINOWITZ, REYES, COLTON,  MAMDANI,  GONZALEZ-ROJAS,  RAMOS,  MITAYNES,
   FORREST,  OTIS,  EPSTEIN, GLICK, FALL -- read once and referred to the
   Committee on Judiciary

 AN ACT to amend the lien law, in relation to employee  liens;  to  amend
   the  labor law, in relation to employee complaints; to amend the civil
   practice law and rules, in relation  to  grounds  for  attachment;  to
   amend the business corporation law, in relation to streamlining proce-
   dures  where  employees  may  hold shareholders of non-publicly traded
   corporations personally liable for wage theft; and to amend the limit-
   ed liability company law, in relation to creating a right for  victims
   of  wage  theft  to  hold  the  ten members with the largest ownership
   interests in a company personally liable for wage theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2 of the lien law is amended by adding three new
 subdivisions 21, 22 and 23 to read as follows:
   21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
   22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE, EXCEPT THAT  THE
 TERM "EMPLOYER" SHALL NOT INCLUDE A GOVERNMENTAL AGENCY.
   23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
 MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF  SECTION  ONE
 HUNDRED SEVENTY, ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-D, SIX
 HUNDRED  FIFTY-TWO  OR SIX HUNDRED SEVENTY-THREE OF THE LABOR LAW OR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.