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Senate Bill S2051

2023-2024 Legislative Session

Includes bonus in the definition of wages for purposes of the labor law

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2023-S2051 (ACTIVE) - Details

See Assembly Version of this Bill:
A4283
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §190, add §193-a, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7619
2015-2016: A768
2017-2018: A2500
2019-2020: S7254, A391
2021-2022: S1998, A262
2025-2026: S6775, A992

2023-S2051 (ACTIVE) - Summary

Includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared; relates to the forfeit of wages.

2023-S2051 (ACTIVE) - Sponsor Memo

2023-S2051 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2051
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  including  bonus  compen-
   sation in the definition of wages and forfeit of wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 190 of the labor law,  as  amended
 by  chapter 328 of the laws of 1972, is amended and a new subdivision 10
 is added 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, BONUS, or other basis. The term "wages"  also
 includes  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.
   10.    "BONUS" CONSTITUTES WAGES AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION, REGARDLESS OF THE SOURCE OF REVENUE, WHEN (A) THE FORMULA UNDER
 WHICH A BONUS IS DETERMINED IS CERTAIN AND  ALL  THE  DATA  UTILIZED  IN
 CALCULATING  THE AMOUNT OF A BONUS UNDER THE FORMULA IS AVAILABLE TO THE
 EMPLOYER OR (B) WHEN THE AMOUNT OF A BONUS  HAS  BEEN  DECLARED  BY  THE
 EMPLOYER.
   § 2. The labor law is amended by adding a new section 193-a to read as
 follows:
   §  193-A.  WAGES NON-FORFEITABLE. ALL WAGES COVERED UNDER THIS ARTICLE
 SHALL BE NON-FORFEITABLE ONCE THE AMOUNT OF THE WAGE  IS  KNOWN  OR  CAN
 WITH REASONABLE CERTAINTY BE KNOWN.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05472-01-3

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