Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 04, 2010 |
referred to labor |
Assembly Bill A10933
2009-2010 Legislative Session
Sponsored By
ROBINSON
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
Actions
co-Sponsors
Alan Maisel
multi-Sponsors
Peter Abbate
Inez Barron
William Boyland
James F. Brennan
2009-A10933 (ACTIVE) - Details
2009-A10933 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10933 TITLE OF BILL: An act to amend the labor law, in relation to increasing the amount of liquidated damages for failure to pay wages as legally required PURPOSE: To ensure compliance with state labor laws regarding payment of wages and fringe benefits by increasing and mandating civil penalties for certain violations. SUMMARY OF PROVISIONS: Amends section 198, subdivision 1-a, of the labor law to increase liquidated damages on a wage claim from 25 percent to twice the total amount of wages found to be due. Adds provisions that the failure to pay wages either (1) must have persisted for more than thirty days, or (2) involved the failure to pay the wages of ten or more employees. Adds anew subdivision to section 196 of the labor law to permit a class action wage recovery suit. JUSTIFICATION: Articles 6 and 19 of the labor law prohibit certain employer actions, and require others, to ensure the workers receive their due and just compensation. Article 19, the Minimum Wage Act, controls the minimum wage. Article 6 determines the time limits within which wages must be paid and requires every employer to pay the full amount of wages, benefits and wage supplements due to employees. Article
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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