Senate Bill S8451

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8451
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the alcoholic beverage control law, in
   relation to suspending certain liquor licenses of employers who are in
   violation of certain provisions of the labor law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 219 of the labor law, as amended
 by chapter 564 of the laws of 2010, the  opening  paragraph  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. (A) (I) If the commissioner determines that an employer has  failed
 to  pay wages, benefits or wage supplements required pursuant to article
 six (payment of wages), article nineteen (minimum wage act)  or  article
 nineteen-A  (minimum  wage  standards and protective labor practices for
 farm workers) of this chapter, or a rule or regulation promulgated ther-
 eunder, the commissioner shall issue to the employer an order  directing
 compliance  therewith,  which  shall describe particularly the nature of
 the alleged violation. A copy of such order shall  be  provided  to  any
 employee  who  has filed a complaint and to his or her authorized repre-
 sentative. Such order shall direct payment of wages or supplements found
 to be due, liquidated damages in the amount of one  hundred  percent  of
 unpaid  wages,  and  interest  at the rate of interest then in effect as
 prescribed by the  superintendent  of  financial  services  pursuant  to
 section  fourteen-a  of  the  banking law per annum from the date of the
 underpayment to the date of the payment.
   (II) At the discretion of the  commissioner,  the  commissioner  shall
 have  full  authority  to  provide for inclusion of an automatic fifteen
 percent additional amount of damages to come due and owing upon  expira-
 tion  of ninety days from an order to comply becoming final. The commis-
 sioner shall provide written notice to the  employer  in  the  order  to
 comply of this additional damage.
   (B)(I)  IF THE COMMISSIONER DETERMINES THE EMPLOYER IS IN VIOLATION OF
 ARTICLE SIX (PAYMENT OF WAGES), ARTICLE  NINETEEN  (MINIMUM  WAGE  ACT),
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10412-02-4
 S. 8451                             2
 
 ARTICLE  NINETEEN-A  (MINIMUM  WAGE STANDARDS AND PROTECTIVE LABOR PRAC-
 TICES FOR FARM WORKERS),  SECTION  TWO  HUNDRED  TWELVE-A,  SECTION  TWO
 HUNDRED  TWELVE-B,  SECTION ONE HUNDRED SIXTY-ONE OR SECTION ONE HUNDRED
 SIXTY-TWO  OF  THIS  CHAPTER, OR A RULE OR REGULATION PROMULGATED THERE-
 UNDER, AND SUCH AGGREGATE  AMOUNT  EXCEEDS  ONE  THOUSAND  DOLLARS,  THE
 COMMISSIONER  SHALL  NOTIFY  THE EMPLOYER OF SUCH VIOLATION, IN WRITING,
 AND SUCH EMPLOYER SHALL HAVE FIFTEEN DAYS TO ADDRESS ALL VIOLATIONS.  IF
 THE  EMPLOYER  DOES  NOT  ADDRESS  ALL  VIOLATIONS  WITHIN  THE ALLOTTED
 FIFTEEN-DAY PERIOD, THE COMMISSIONER SHALL NOTIFY THE CHAIR OF THE STATE
 LIQUOR AUTHORITY, IN WRITING, OF THE NAME AND ADDRESS  OF  ANY  EMPLOYER
 HOLDING A LICENSE PURSUANT TO SECTION SIXTY-FOUR OF THE ALCOHOLIC BEVER-
 AGE CONTROL LAW AUTHORIZING THE SALE OF LIQUOR AT RETAIL FOR CONSUMPTION
 ON THE PREMISES TO SUSPEND SUCH LICENSE.
   (II)  THE  CHAIRMAN OF THE STATE LIQUOR AUTHORITY SHALL ACT IN ACCORD-
 ANCE WITH SECTIONS ONE HUNDRED EIGHTEEN AND ONE HUNDRED NINETEEN OF  THE
 ALCOHOLIC  BEVERAGE  CONTROL  LAW;  PROVIDED, HOWEVER, THAT THE CHAIRMAN
 SHALL NOT REINSTATE A LICENSE SUSPENDED PURSUANT TO SUBPARAGRAPH (I)  OF
 THIS  PARAGRAPH UNTIL THE CHAIR RECEIVES WRITTEN NOTICE FROM THE COMMIS-
 SIONER THAT THE EMPLOYER WHOSE LICENSE WAS SUSPENDED  IS  IN  COMPLIANCE
 WITH  ARTICLE  SIX  (PAYMENT  OF  WAGES), ARTICLE NINETEEN (MINIMUM WAGE
 ACT), ARTICLE NINETEEN-A (MINIMUM WAGE STANDARDS  AND  PROTECTIVE  LABOR
 PRACTICES  FOR  FARM WORKERS), SECTION TWO HUNDRED TWELVE-A, SECTION TWO
 HUNDRED TWELVE-B, SECTION ONE HUNDRED SIXTY-ONE OR SECTION  ONE  HUNDRED
 SIXTY-TWO OF THIS CHAPTER, AND ANY RULE OR REGULATION PROMULGATED THERE-
 UNDER.
   §  2.  Section 119 of the alcoholic beverage control law is amended by
 adding a new subdivision 6 to read as follows:
   6. WHERE A LICENSEE IS FOUND TO  BE  IN  VIOLATION  OF  ARTICLE    SIX
 (PAYMENT  OF  WAGES), ARTICLE NINETEEN (MINIMUM WAGE ACT), ARTICLE NINE-
 TEEN-A (MINIMUM WAGE STANDARDS AND PROTECTIVE LABOR PRACTICES  FOR  FARM
 WORKERS),  SECTION  TWO  HUNDRED TWELVE-A, SECTION TWO HUNDRED TWELVE-B,
 SECTION ONE HUNDRED SIXTY-ONE OR SECTION  ONE HUNDRED SIXTY-TWO  OF  THE
 LABOR  LAW,  OR  ANY RULE OR REGULATION PROMULGATED THEREUNDER, AND SUCH
 AGGREGATE AMOUNT EXCEEDS ONE THOUSAND  DOLLARS,  AS  DETERMINED  BY  THE
 DEPARTMENT  OF  LABOR AND THE CHAIR OF THE AUTHORITY IS NOTIFIED OF SUCH
 VIOLATIONS, THE AUTHORITY SHALL SUSPEND SUCH LICENSE IN ACCORDANCE  WITH
 THIS  SECTION  AND  THE  PROVISIONS  OF  SUBDIVISION  ONE OF SECTION TWO
 HUNDRED NINETEEN OF THE LABOR LAW.
   § 3. This act shall take effect immediately.