Assembly Bill A3168

2021-2022 Legislative Session

Relates to benefits and supplemental wages

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-A3168 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §198-c, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7270
2023-2024: A3901

2021-A3168 (ACTIVE) - Summary

Prohibits agreements to pay or provide benefits or wage supplements from including a provision specifying that an employee with accrued, unused vacation pay will not be compensated for such vacation pay upon termination and provides for a minimum of two weeks of wages upon termination to employees who receive granted time.

2021-A3168 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3168
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to benefits and  supplemental
   wages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 198-c of the labor law, as amended by  chapter  328
 of  the  laws of 1972 and subdivision 3 as amended by chapter 304 of the
 laws of 2007, is amended to read as follows:
   § 198-c. Benefits or wage supplements. 1. In  addition  to  any  other
 penalty  or  punishment otherwise prescribed by law, any employer who is
 party to an agreement to pay or provide benefits or wage supplements  to
 employees  or  to a third party or fund for the benefit of employees and
 who fails, neglects or refuses to pay the amount or amounts necessary to
 provide such benefits or furnish such  supplements  within  thirty  days
 after such payments are required to be made, shall be guilty of a misde-
 meanor, and upon conviction shall be punished as provided in section one
 hundred  ninety-eight-a of this article. Where such employer is a corpo-
 ration, the  president,  secretary,  treasurer  or  officers  exercising
 corresponding functions shall each be guilty of a misdemeanor.
   2.  As used in this section, the [term] FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "[benefits] BENEFITS or wage supplements"  includes,  but  is  not
 limited  to,  reimbursement for expenses; health, welfare and retirement
 benefits; and vacation, separation or holiday pay.
   (B) "GRANTED TIME" SHALL MEAN BENEFITS OR WAGE SUPPLEMENTS GRANTED  TO
 AN EMPLOYEE ON A PER-REQUEST BASIS AND NOT ACCRUED.
   3.  [This  section shall not apply to any person in a bona fide execu-
 tive, administrative, or professional capacity  whose  earnings  are  in
 excess  of  nine  hundred  dollars  a  week.] (A) NO AGREEMENT TO PAY OR
 PROVIDE BENEFITS OR WAGE SUPPLEMENTS SHALL INCLUDE A PROVISION  SPECIFY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.