Assembly Bill A2864

2009-2010 Legislative Session

Authorizes employers of manual workers to apply to commissioner of labor for exemption from requirement of paying manual workers weekly

download bill text pdf

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-A2864 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §191, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6506
2013-2014: A1555

2009-A2864 (ACTIVE) - Summary

Authorizes employers to apply to commissioner of labor for exemption from requirement of paying workers weekly if such employers satisfy certain criteria; removes language which would require employers to pay workers weekly if the employer has employed less than one thousand persons in this state.

2009-A2864 (ACTIVE) - Bill Text download pdf 

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

                                  2864

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. KOLB -- Multi-Sponsored by -- M. of A. RABBITT --
  read once and referred to the Committee on Labor

AN  ACT  to  amend  the  labor  law,  in relation to authorizing certain
  employers of manual workers to pay wages less frequently than weekly

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

  Section  1.  The opening paragraph of subparagraph (ii) of paragraph a
of subdivision 1 of section 191 of the labor law, as amended by  chapter
168 of the laws of 1993, is amended to read as follows:
  The  commissioner  may  authorize  an employer [which has in the three
years preceding the application employed an average of one  thousand  or
more persons in this state or has for one year preceding the application
employed  an  average  of one thousand or more persons in this state and
has for three years preceding the application  employed  an  average  of
three thousand or more persons outside the state] to pay less frequently
than  weekly  but  not less frequently than semi-monthly if the employer
furnishes satisfactory proof to the commissioner of its continuing abil-
ity to meet its payroll responsibilities. In making  this  determination
the commissioner shall consider the following: (A) the employer's histo-
ry  meeting its payroll responsibilities in New York state or if no such
history in New York state is available, other financial information,  as
requested  by  the  commissioner,  which will assist the commissioner in
determining the likelihood of the employer's continuing ability to  meet
payroll responsibilities; (B) proof of the employer's coverage for work-
ers'  compensation and disability; (C) proof that there are no outstand-
ing warrants of the department of taxation and finance or the department
[of labor] against the employer for  failure  to  remit  state  personal
income tax withholdings or unemployment insurance contributions; and (D)
proof  that  the  employer  has a computerized record keeping system for
payroll which, at a minimum, specifies hours worked, rate of pay,  gross
wages,  deductions  and date of pay for each employee. If the employers'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03757-01-9

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