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

                                  3199

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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 564 of the laws of 2010, is amended and a new  subdi-
vision 5 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  shall  assess against the employer the full amount of
any such underpayment, and an additional amount as  liquidated  damages,
unless  the  employer  proves  a good faith basis for believing that its
underpayment of wages was in compliance with the law. Liquidated damages
shall be calculated by the commissioner as  no  more  than  one  hundred
percent  of  the total amount of 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 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 commis-
sioner  in  which  the  employee  prevails,  the  court shall allow such
employee to recover the full amount of any underpayment, all  reasonable
attorney's  fees, prejudgment interest as required under the civil prac-
tice law and rules, 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  one  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00739-01-5
              

A. 3199                             2

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 LIQUIDATED DAMAGES EQUAL TO TWICE
THE TOTAL AMOUNT OF THE WAGES FOUND TO BE DUE.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN  ACTION  TO  RECOVER
UPON  A  LIABILITY  IMPOSED  BY  THIS  ARTICLE MAY BE BROUGHT AS A CLASS
ACTION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.