Assembly Bill A168A

2013-2014 Legislative Session

Relates to actions brought by employees for unpaid wages; and creates the employee wage safety fund

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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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Bill Amendments

2013-A168 - Details

See Senate Version of this Bill:
S626
Current Committee:
Assembly Ways And Means
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5020-b, CPLR; add §99-v, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A481, S3192
2011-2012: A5925, S1534
2015-2016: A5593, S3496

2013-A168 - Summary

Creates a fund for the compensation of unpaid or underpaid employees; requires the division of labor standards to provide instruction and assistance pertaining to tax filing and reporting requirements to persons who claim unpaid wages; directs the commissioner of taxation and finance to provide for the collection of income taxes from judgments for unpaid wages.

2013-A168 - Bill Text download pdf

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

                                   168

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT  to amend the civil practice law and rules, in relation to money
  judgments in satisfaction of actions brought by employees  for  unpaid
  or  underpaid  wages;  to  amend the state finance law, in relation to
  creating the employee wage safety fund; and to  require  dissemination
  of certain information by the division of labor standards

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "wage safety act".
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 5020-b to read as follows:
  S 5020-B. JUDGMENTS; TAXES PAID IN CERTAIN CASES. IN  CASES  OF  MONEY
JUDGMENTS  IN SATISFACTION OF ACTIONS BROUGHT BY EMPLOYEES FOR UNPAID OR
UNDERPAID WAGES, THE JUDGMENT DEBTOR SHALL BE REQUIRED TO PAY AN  AMOUNT
EQUAL TO TEN PERCENT OF SUCH JUDGMENT INTO THE EMPLOYEE WAGE SAFETY FUND
ESTABLISHED  IN  SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.  MONIES
IN SUCH FUND SHALL BE AVAILABLE TO MAKE  FULL  OR  PARTIAL  PAYMENTS  ON
JUDGMENTS  FOR  UNPAID  OR  UNDERPAID  WAGES WHERE SUCH JUDGMENTS REMAIN
UNSATISFIED FOR A PERIOD OF TIME TO BE SPECIFIED BY THE COMMISSIONER  OF
LABOR.
  S  3. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. THE EMPLOYEE WAGE SAFETY FUND. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS  THE  "EMPLOYEE  WAGE  SAFETY
FUND."
  2.  THE  FUND  SHALL  CONSIST  OF THE ADDITIONAL FEE OR SUCH CHARGE ON
MONEY JUDGMENTS ENTERED AGAINST EMPLOYERS ON CLAIMS FOR UNPAID OR UNDER-

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

2013-A168A (ACTIVE) - Details

See Senate Version of this Bill:
S626
Current Committee:
Assembly Ways And Means
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5020-b, CPLR; add §99-v, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A481, S3192
2011-2012: A5925, S1534
2015-2016: A5593, S3496

2013-A168A (ACTIVE) - Summary

Creates a fund for the compensation of unpaid or underpaid employees; requires the division of labor standards to provide instruction and assistance pertaining to tax filing and reporting requirements to persons who claim unpaid wages; directs the commissioner of taxation and finance to provide for the collection of income taxes from judgments for unpaid wages.

2013-A168A (ACTIVE) - Bill Text download pdf

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

                                 168--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Ways  and  Means  -- recommitted to the Committee on Ways and
  Means 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 civil practice law and rules, in relation to money
  judgments in satisfaction of actions brought by employees  for  unpaid
  or  underpaid  wages;  to  amend the state finance law, in relation to
  creating the employee wage safety fund; and to  require  dissemination
  of certain information by the division of labor standards

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "wage safety act".
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 5020-b to read as follows:
  S 5020-B. JUDGMENTS; TAXES PAID IN CERTAIN CASES. IN  CASES  OF  MONEY
JUDGMENTS  IN SATISFACTION OF ACTIONS BROUGHT BY EMPLOYEES FOR UNPAID OR
UNDERPAID WAGES, THE JUDGMENT DEBTOR SHALL BE REQUIRED TO PAY AN  AMOUNT
EQUAL TO TEN PERCENT OF SUCH JUDGMENT INTO THE EMPLOYEE WAGE SAFETY FUND
ESTABLISHED  IN  SECTION NINETY-NINE-V OF THE STATE FINANCE LAW.  MONIES
IN SUCH FUND SHALL BE AVAILABLE TO MAKE  FULL  OR  PARTIAL  PAYMENTS  ON
JUDGMENTS  FOR  UNPAID  OR  UNDERPAID  WAGES WHERE SUCH JUDGMENTS REMAIN
UNSATISFIED FOR A PERIOD OF TIME TO BE SPECIFIED BY THE COMMISSIONER  OF
LABOR.
  S  3. The state finance law is amended by adding a new section 99-v to
read as follows:
  S 99-V. THE EMPLOYEE WAGE SAFETY FUND. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03066-03-4
              

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