S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7744
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to the frequency  of  payment
   of wages for certain employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subparagraph (ii) of  paragraph  a
 of  subdivision 1 of section 191 of the labor law, as amended by chapter
 168 of the laws of 1993, is amended to read as follows:
   The commissioner may authorize an employer [which  has  in  the  three
 years  preceding  the application employed an average of one thousand or
 more persons in this state or has for one year preceding the application
 employed an average of one thousand or more persons in  this  state  and
 has  for  three  years  preceding the application employed an average of
 three thousand or more persons outside the state] to pay less frequently
 than weekly but not less frequently than semi-monthly  if  the  employer
 furnishes satisfactory proof to the commissioner of its continuing abil-
 ity  to  meet its payroll responsibilities. In making this determination
 the commissioner shall consider the following: (A) the employer's histo-
 ry meeting its payroll responsibilities in New York state or if no  such
 history  in New York state is available, other financial information, as
 requested by the commissioner, which will  assist  the  commissioner  in
 determining  the likelihood of the employer's continuing ability to meet
 payroll responsibilities; (B) proof of the employer's coverage for work-
 ers' compensation and disability; (C) proof that there are no  outstand-
 ing warrants of the department of taxation and finance or the department
 of labor against the employer for failure to remit state personal income
 tax  withholdings or unemployment insurance contributions; and (D) proof
 that the employer has a computerized record keeping system  for  payroll
 which,  at  a minimum, specifies hours worked, rate of pay, gross wages,
 deductions and date of pay for each employee.  If the employers'  manual
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10434-01-3
              

 A. 7744                             2
 
 workers  are represented by a labor organization, the commissioner shall
 not grant an employer's application for authorization under this subpar-
 agraph unless that labor organization consents thereto.
   §  2. Section 191 of the labor law is amended by adding two new subdi-
 visions 4 and 5 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  IN THE ABSENCE OF FRAUD OR BAD FAITH, THERE SHALL BE NO CIVIL
 LIABILITY ON THE PART OF AND NO CAUSE OF ACTION AGAINST AN  EMPLOYER  BY
 AN EMPLOYEE WHO UNKNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION.
   5. THE COMMISSIONER MAY LEVY A CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE
 DOLLARS  PER EMPLOYEE AGAINST ANY EMPLOYER KNOWINGLY IN VIOLATION OF THE
 PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.