Assembly Bill A10933

2009-2010 Legislative Session

Increases the amount of liquidated damages payable by an employer for failure to pay wages as legally required

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A10933 (ACTIVE) - Details

See Senate Version of this Bill:
S3118
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §198, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5489
2013-2014: A2499
2015-2016: A3199

2009-A10933 (ACTIVE) - Summary

Increases the amount of liquidated damages payable by an employer for failure to pay wages as legally required from 25% to twice the total amount of wages found to be due; authorizes a class action to recover liquidated damages.

2009-A10933 (ACTIVE) - Sponsor Memo

2009-A10933 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10933

                          I N  A S S E M B L Y

                               May 4, 2010
                               ___________

Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
  tee on Labor

AN  ACT  to amend the labor law, in relation to increasing the amount of
  liquidated damages for failure to pay wages as legally required

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  1-a  of  section  198 of the labor law, as
amended by chapter 372 of the laws of 2009, is amended and a new  subdi-
vision 4 is added to read as follows:
  1-a.  On behalf of any employee paid less than the wage to which he or
she is entitled under the provisions of this article,  the  commissioner
may  bring  any legal action necessary, including administrative action,
to collect such claim and as part of such legal action, in  addition  to
any other remedies and penalties otherwise available under this article,
the commissioner may assess against the employer an additional amount as
liquidated  damages  equal to twenty-five percent of the total amount of
wages found to be due, unless the employer proves a good faith basis for
believing that its underpayment of wages was in compliance with the law;
HOWEVER, IF SUCH UNDERPAYMENT OF WAGES PERSISTED FOR  MORE  THAN  THIRTY
DAYS  OR  INVOLVED  A FAILURE TO PAY THE WAGES OF TEN OR MORE EMPLOYEES,
THE COMMISSIONER MAY ASSESS AGAINST THE EMPLOYER AN ADDITIONAL AMOUNT AS
LIQUIDATED DAMAGES EQUAL TO TWICE THE TOTAL AMOUNT OF WAGES FOUND TO  BE
DUE.    In  any  action instituted in the courts upon a wage claim by an
employee or the commissioner in which the employee prevails,  the  court
shall  allow  such  employee  reasonable attorney's fees and, unless the
employer proves a good faith basis to believe that its  underpayment  of
wages was in compliance with the law, an additional amount as liquidated
damages  equal  to  twenty-five percent of the total amount of the wages
found to be due; HOWEVER, IF SUCH UNDERPAYMENT OF  WAGES  PERSISTED  FOR
MORE  THAN  THIRTY DAYS OR INVOLVED A FAILURE TO PAY THE WAGES OF TEN OR
MORE EMPLOYEES, THE COURT SHALL ALLOW SUCH ADDITIONAL AMOUNT  AS  LIQUI-
DATED  DAMAGES  EQUAL TO TWICE THE TOTAL AMOUNT OF THE WAGES FOUND TO BE
DUE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01280-06-0
              

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