Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Mar 12, 2009 |
referred to codes |
Senate Bill S3192
2009-2010 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S3192 (ACTIVE) - Details
2009-S3192 (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.
2009-S3192 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3192 TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : 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". These funds 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 determined by the commissioner of labor. The commissioner of taxation and finance will be directed to implement procedures to provide for the payment or partial payment of income taxes due on judgments for unpaid or underpaid wages at the time that the division of labor standards distributes an award to an eligible employee. The division of labor standards will provide people with assistance in obtaining tax ID numbers and translation of tax information if needed. SUMMARY OF SPECIFIC PROVISIONS :
2009-S3192 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3192 2009-2010 Regular Sessions I N S E N A T E March 12, 2009 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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-T 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-t to read as follows: S 99-T. 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. LBD01203-01-9
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