Assembly Bill A154A

Signed By Governor
2023-2024 Legislative Session

Relates to wage theft

download bill text pdf

Sponsored By

Current Bill Status Via S2832 - Signed by Governor

  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2023-A154 - Details

See Senate Version of this Bill:
S2832
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6795, S4405
2021-2022: A2022, S4009

2023-A154 - Summary

Adds wage theft to the types of activities included in the crime of larceny.

2023-A154 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    154
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ, AUBRY, DeSTEFANO, DICKENS, COOK, FALL,
   EPSTEIN, WILLIAMS, McMAHON, WEPRIN, VANEL, McDONOUGH, RAMOS, JACOBSON,
   STECK, LUPARDO, BRABENEC,  BURGOS,  DINOWITZ,  COLTON,  ROZIC,  REYES,
   LUCAS,  CARROLL,  THIELE -- read once and referred to the Committee on
   Codes

 AN ACT to amend the penal law, in relation to wage theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  155.00  of the penal law, as
 amended by chapter 514 of the laws of 1986, is amended and a new  subdi-
 vision 10 is added to read as follows:
   1.  "Property" means any money, WAGES, personal property, real proper-
 ty, computer data, computer program, thing in action, evidence  of  debt
 or  contract, or any article, substance or thing of value, including any
 gas, steam, water or electricity, which is  provided  for  a  charge  or
 compensation.
   10. "WORKFORCE" MEANS A GROUP OF ONE OR MORE PEOPLE PROVIDING SERVICES
 IN EXCHANGE FOR WAGES FOR ONE PERSON OR ENTITY.
   §  2.  Subdivision  2 of section 155.05 of the penal law is amended by
 adding a new paragraph (f) to read as follows:
   (F) BY WAGE THEFT.
   A PERSON OBTAINS PROPERTY BY WAGE THEFT WHEN HE OR SHE AGREES TO  HIRE
 A  PERSON  TO PERFORM SERVICES AND THE PERSON PERFORMS SUCH SERVICES AND
 THE DEFENDANT WITHHOLDS SUCH WAGES FROM SAID PERSON.  IN  A  PROSECUTION
 FOR  WAGE  THEFT, FOR THE PURPOSES OF VENUE, IT IS PERMISSIBLE TO AGGRE-
 GATE ALL TAKINGS FROM ONE PERSON FROM ONE DEFENDANT,  INTO  ONE  LARCENY
 COUNT,  EVEN  IF  THE  TAKINGS OCCURRED IN MULTIPLE COUNTIES. IT IS ALSO
 PERMISSIBLE TO AGGREGATE TAKINGS  FROM  A  WORKFORCE  INTO  ONE  LARCENY
 COUNT.
   § 3. This act shall take effect immediately.

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

co-Sponsors

2023-A154A (ACTIVE) - Details

See Senate Version of this Bill:
S2832
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6795, S4405
2021-2022: A2022, S4009

2023-A154A (ACTIVE) - Summary

Adds wage theft to the types of activities included in the crime of larceny.

2023-A154A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  154--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ, AUBRY, DeSTEFANO, DICKENS, COOK, FALL,
   EPSTEIN, WILLIAMS, McMAHON, WEPRIN, VANEL, McDONOUGH, RAMOS, JACOBSON,
   STECK, LUPARDO, BRABENEC,  BURGOS,  DINOWITZ,  COLTON,  ROZIC,  REYES,
   LUCAS,   CARROLL,  THIELE,  GONZALEZ-ROJAS,  BORES,  HEVESI,  WOERNER,
   BURDICK, BUTTENSCHON -- read once and referred  to  the  Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to wage theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  155.00  of the penal law, as
 amended by chapter 514 of the laws of 1986, is amended and a new  subdi-
 vision 10 is added to read as follows:
   1.  "Property"  means  any  money, COMPENSATION FOR LABOR OR SERVICES,
 personal property, real property, computer data, computer program, thing
 in action, evidence of debt or contract, or any  article,  substance  or
 thing of value, including any gas, steam, water or electricity, which is
 provided for a charge or compensation.
   10.  "WORKFORCE"  MEANS  A  GROUP  OF  ONE OR MORE PERSONS WHO WORK IN
 EXCHANGE FOR WAGES.
   § 2. Subdivision 2 of section 155.05 of the penal law  is  amended  by
 adding a new paragraph (f) to read as follows:
   (F) BY WAGE THEFT.
   A  PERSON OBTAINS PROPERTY BY WAGE THEFT WHEN HE OR SHE HIRES A PERSON
 TO PERFORM SERVICES AND THE PERSON PERFORMS SUCH SERVICES AND THE PERSON
 DOES NOT PAY WAGES, AT THE MINIMUM WAGE RATE AND OVERTIME,  OR  PROMISED
 WAGE, IF GREATER THAN THE MINIMUM WAGE RATE AND OVERTIME, TO SAID PERSON
 FOR  WORK PERFORMED.   IN A PROSECUTION FOR WAGE THEFT, FOR THE PURPOSES
 OF VENUE, IT IS PERMISSIBLE TO AGGREGATE ALL  NONPAYMENTS  OR  UNDERPAY-
 MENTS TO ONE PERSON FROM ONE PERSON, INTO ONE LARCENY COUNT, EVEN IF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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