S T A T E O F N E W Y O R K
________________________________________________________________________
5348--A
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. SIMON, SANTABARBARA, DE LOS SANTOS, REYES -- read
once and referred to the Committee on Labor -- recommitted to the
Committee on Labor in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the labor law, in relation to payment of wages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "wage
payment integrity act".
§ 2. Subdivision 1 of section 190 of the labor law, as amended by
chapter 328 of the laws of 1972, is amended to read as follows:
1. "Wages" means the earnings of an employee for labor or services
rendered, regardless of whether the amount of earnings is determined on
a time, piece, commission or other basis. The term "wages" also includes
ANY EMPLOYMENT COMPENSATION THAT IS NOT PAYABLE AT THE EMPLOYER'S SOLE
AND ABSOLUTE DISCRETION AND benefits or wage supplements as defined in
section one hundred ninety-eight-c of this article, except for the
purposes of sections one hundred ninety-one and one hundred ninety-two
of this article. FOR A BONUS OR OTHER FORM OF EMPLOYMENT COMPENSATION
TO BE EXCLUDED FROM "WAGES", THE EMPLOYER MUST NOTIFY THE EMPLOYEE IN A
CLEAR, PROMINENT, TIMELY AND UNCONTRADICTED FASHION THAT THE EMPLOYER
HAS SOLE AND ABSOLUTE DISCRETION TO DECIDE WHETHER OR NOT TO PAY IT.
§ 3. Subdivision 2 of section 195 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
2. notify his or her employees in writing of any changes to the infor-
mation set forth in subdivision one of this section, at least seven
calendar days prior to the time of such changes, unless such changes are
reflected on the wage statement furnished in accordance with subdivision
three of this section. THE FAILURE OF AN EMPLOYER TO PRODUCE THE WRITTEN
TERMS OF EMPLOYMENT AS REQUIRED UNDER THIS SUBDIVISION AND SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09387-03-3
A. 5348--A 2
ONE OF THIS SECTION, UPON REQUEST OF THE COMMISSIONER OR AN EMPLOYEE,
SHALL GIVE RISE TO A PRESUMPTION THAT THE TERMS OF EMPLOYMENT THAT THE
EMPLOYEE HAS PRESENTED ARE THE AGREED TERMS OF EMPLOYMENT;
§ 4. Subdivision 5 of section 198-b of the labor law, as added by
chapter 1031 of the laws of 1965 and as renumbered by chapter 390 of the
laws of 1967, is amended to read as follows:
5. A violation of the provisions of this section shall constitute a
misdemeanor. PERSONS VIOLATING THE PROVISIONS OF THIS SECTION ARE NOT
EXEMPT FROM CIVIL LIABILITY UNDER SUBDIVISIONS ONE-A AND THREE OF
SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
§ 5. Subdivision 3 of section 198-c of the labor law, as amended by
chapter 304 of the laws of 2007, is amended to read as follows:
3. [This] THE CRIMINAL PENALTIES PRESCRIBED BY THIS section shall not
apply to any person in a bona fide executive, administrative, or profes-
sional capacity whose earnings are in excess of nine hundred dollars a
week.
§ 6. Subdivision 3 of section 198-c of the labor law, as amended by
chapter 433 of the laws of 2023, is amended to read as follows:
3. [This] THE CRIMINAL PENALTIES PRESCRIBED BY THIS section shall not
apply to any person in a bona fide executive, administrative, or profes-
sional capacity whose earnings are in excess of one thousand three
hundred dollars a week.
§ 7. This act shall take effect immediately and apply to all actions
filed on or after such effective date; provided, however, that section
six of this act shall take effect on the same date and in the same
manner as chapter 433 of the laws of 2023, takes effect.