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.