Assembly Bill A8653

2019-2020 Legislative Session

Relates to the liability of payroll processing companies

download bill text pdf

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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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2019-A8653 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L

2019-A8653 (ACTIVE) - Summary

Relates to the liability of payroll processing companies; provides that payroll processing companies that intentionally prevent the distribution of payroll shall be liable to employees that failed to receive an expected payment for an amount up to three times the expected amount; and provides an action to recover damages may be maintained as a class action.

2019-A8653 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8653
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the general obligations law, in relation to the  liabil-
   ity of payroll processing companies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   § 11-108. LIABILITY  OF  PAYROLL PROCESSING COMPANY.   NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON UNDER CONTRACT TO
 AN EMPLOYER TO DISTRIBUTE  THE  EMPLOYER'S  PAYROLL  THAT  INTENTIONALLY
 PREVENTS  THE DISTRIBUTION OF SUCH PAYROLL PURSUANT TO THE CONTRACT WITH
 THE EMPLOYER SHALL BE LIABLE TO AN EMPLOYEE OF THE EMPLOYER THAT  FAILED
 TO  RECEIVE  AN  EXPECTED  PAYMENT  FOR  AN AMOUNT UP TO THREE TIMES THE
 EXPECTED PAYMENT.  LIABILITY UNDER THIS SECTION IS IN  ADDITION  TO  ANY
 OTHER  APPLICABLE  PENALTIES  AND CAUSES OF ACTION. AN ACTION TO RECOVER
 DAMAGES UNDER THIS SECTION MAY BE MAINTAINED AS A CLASS ACTION, NOTWITH-
 STANDING SUBDIVISION B OF SECTION NINE HUNDRED ONE OF THE CIVIL PRACTICE
 LAW AND RULES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13797-01-9

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