Senate Bill S5885B

Signed By Governor
2013-2014 Legislative Session

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention account

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Archive: Last Bill Status Via A8106 - Signed by Governor


  • 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

co-Sponsors

2013-S5885 - Details

See Assembly Version of this Bill:
A8106
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-S5885 - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-S5885 - Sponsor Memo

2013-S5885 - Bill Text download pdf

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

                                  5885

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to  increased  penalties  for
  violations of wage payment provisions

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

  Section 1. Paragraph (a) of subdivision 1 of section 195 of the  labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring[, and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer], a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; any "doing
business  as"  names  used  by the employer; the physical address of the
employer's main office or principal place of  business,  and  a  mailing
address  if  different;  the telephone number of the employer; plus such
other information as the commissioner deems material and necessary. Each
time the employer provides such notice  to  an  employee,  the  employer
shall  obtain  from the employee a signed and dated written acknowledge-
ment, in English and in the primary language of the employee, of receipt
of this notice, which the employer shall preserve and maintain  for  six
years. Such acknowledgement shall include an affirmation by the employee
that  the  employee accurately identified his or her primary language to
the employer, and that the notice  provided  by  the  employer  to  such
employee  pursuant to this subdivision was in the language so identified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-01-3
              

co-Sponsors

2013-S5885A - Details

See Assembly Version of this Bill:
A8106
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-S5885A - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-S5885A - Sponsor Memo

2013-S5885A - Bill Text download pdf

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

                                 5885--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. SAVINO, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the labor law, in relation to increased penalties for
  violations of wage payment provisions and  contractor  accountability;
  to  amend  the limited liability company law, in relation to liability
  of members; and to amend the state finance law, in relation to  estab-
  lishing the wage theft prevention account

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

  Section 1. Paragraph (a) of subdivision 1 of section 195 of the  labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring[, and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer], a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; any "doing
business  as"  names  used  by the employer; the physical address of the
employer's main office or principal place of  business,  and  a  mailing
address  if  different;  the telephone number of the employer; plus such
other information as the commissioner deems material and necessary. Each
time the employer provides such notice  to  an  employee,  the  employer
shall  obtain  from the employee a signed and dated written acknowledge-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-08-4
              

co-Sponsors

2013-S5885B (ACTIVE) - Details

See Assembly Version of this Bill:
A8106
Law Section:
Labor Law
Laws Affected:
Amd §§195, 198, 218, 215, 219 & 663, add §861-g, Lab L; amd §609, Lim Lil L; add §97-pppp, St Fin L

2013-S5885B (ACTIVE) - Summary

Increases penalties for wage payment violations; relates to liability of members of limited liability companies and establishes the wage theft prevention enforcement account.

2013-S5885B (ACTIVE) - Sponsor Memo

2013-S5885B (ACTIVE) - Bill Text download pdf

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

                                 5885--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. SAVINO, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the labor law, in relation to increased penalties for
  violations of wage payment provisions and  contractor  accountability;
  to  amend  the limited liability company law, in relation to liability
  of members; and to amend the state finance law, in relation to  estab-
  lishing the wage theft prevention account

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

  Section 1. Paragraph (a) of subdivision 1 of section 195 of the  labor
law,  as  amended by chapter 564 of the laws of 2010, is amended to read
as follows:
  (a) provide his or her employees, in writing in  English  and  in  the
language  identified  by  each  employee as the primary language of such
employee, at the time of hiring[, and on or  before  February  first  of
each  subsequent year of the employee's employment with the employer], a
notice containing the following information: the rate or  rates  of  pay
and  basis  thereof, whether paid by the hour, shift, day, week, salary,
piece, commission, or other; allowances, if any, claimed as part of  the
minimum  wage,  including  tip, meal, or lodging allowances; the regular
pay day designated by  the  employer  in  accordance  with  section  one
hundred ninety-one of this article; the name of the employer; any "doing
business  as"  names  used  by the employer; the physical address of the
employer's main office or principal place of  business,  and  a  mailing
address  if  different;  the telephone number of the employer; plus such
other information as the commissioner deems material and necessary. Each

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11592-12-4
              

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