S T A T E O F N E W Y O R K
________________________________________________________________________
6775
2025-2026 Regular Sessions
I N S E N A T E
March 24, 2025
___________
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.
LBD02379-01-5