Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to corporations, authorities and commissions |
Jan 13, 2015 |
referred to corporations, authorities and commissions |
Assembly Bill A1898
2015-2016 Legislative Session
Sponsored By
BRENNAN
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
2015-A1898 (ACTIVE) - Details
2015-A1898 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1898 2015-2016 Regular Sessions I N A S S E M B L Y January 13, 2015 ___________ Introduced by M. of A. BRENNAN -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the limited liability company law, in relation to the liability of members for wages due to laborers, servants or employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The limited liability company law is amended by adding a new section 612 to read as follows: S 612. LIABILITY OF MEMBERS FOR WAGES DUE TO LABORERS, SERVANTS OR EMPLOYEES. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION SIX HUNDRED NINE OF THIS ARTICLE, THE TEN LARGEST MEMBERS OF A LIMITED LIABILITY COMPANY, AS DETERMINED BY THE FAIR VALUE OF THEIR BENEFICIAL INTEREST AS OF THE BEGINNING OF THE PERIOD DURING WHICH THE UNPAID SERVICES REFERRED TO IN THIS SECTION ARE PERFORMED, SHALL JOINTLY AND SEVERALLY BE PERSONALLY LIABLE FOR ALL DEBTS, WAGES OR SALARIES DUE AND OWING TO ANY OF ITS LABORERS, SERVANTS OR EMPLOYEES OTHER THAN CONTRACTORS, FOR SERVICES PERFORMED BY THEM FOR SUCH LIMITED LIABILITY COMPANY. BEFORE SUCH LABORER, SERVANT OR EMPLOYEE SHALL CHARGE SUCH MEMBER FOR SUCH SERVICES, HE OR SHE SHALL GIVE NOTICE IN WRITING TO SUCH MEMBER THAT HE OR SHE INTENDS TO HOLD HIM OR HER LIABLE UNDER THIS SECTION. SUCH NOTICE SHALL BE GIVEN WITHIN ONE HUNDRED EIGHTY DAYS AFTER TERMINATION OF SUCH SERVICES, EXCEPT THAT IF, WITHIN SUCH PERIOD, THE LABORER, SERVANT OR EMPLOYEE DEMANDS AN EXAMINATION OF THE RECORDS UNDER SUBDIVISION (B) OF SECTION ONE THOUSAND ONE HUNDRED TWO OF THIS CHAPTER, SUCH NOTICE MAY BE GIVEN WITHIN SIXTY DAYS AFTER HE OR SHE HAS BEEN GIVEN THE OPPORTUNITY TO EXAMINE THE RECORDS. AN ACTION TO ENFORCE SUCH LIABILITY SHALL BE COMMENCED WITHIN NINETY DAYS AFTER THE RETURN OF AN EXECUTION UNSATIS- FIED AGAINST THE LIMITED LIABILITY COMPANY UPON A JUDGMENT RECOVERED AGAINST IT FOR SUCH SERVICES. (B) FOR THE PURPOSES OF THIS SECTION, WAGES OR SALARIES SHALL MEAN ALL COMPENSATION AND BENEFITS PAYABLE BY AN EMPLOYER TO OR FOR THE ACCOUNT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02510-01-5
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