Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 29, 2024 |
print number 5348a |
Jan 29, 2024 |
amend and recommit to labor |
Jan 03, 2024 |
referred to labor |
Mar 07, 2023 |
referred to labor |
Assembly Bill A5348A
2023-2024 Legislative Session
Sponsored By
SIMON
Current 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
Bill Amendments
co-Sponsors
Angelo Santabarbara
Manny De Los Santos
Karines Reyes
2023-A5348 - Details
- See Senate Version of this Bill:
- S4973
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§190, 195, 198-b & 198-c, Lab L
2023-A5348 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5348 2023-2024 Regular Sessions I N A S S E M B L Y March 7, 2023 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to payment of wages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "wage payment integrity act". § 2. Subdivision 1 of section 190 of the labor law, as amended by chapter 328 of the laws of 1972, is amended to read as follows: 1. "Wages" means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. The term "wages" also includes ANY EMPLOYMENT COMPENSATION THAT IS NOT PAYABLE AT THE EMPLOYER'S SOLE AND ABSOLUTE DISCRETION AND benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article. FOR A BONUS OR OTHER FORM OF EMPLOYMENT COMPENSATION TO BE EXCLUDED FROM "WAGES", THE EMPLOYER MUST NOTIFY THE EMPLOYEE IN A CLEAR, PROMINENT, TIMELY AND UNCONTRADICTED FASHION THAT THE EMPLOYER HAS SOLE AND ABSOLUTE DISCRETION TO DECIDE WHETHER OR NOT TO PAY IT. § 3. Subdivision 2 of section 195 of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 2. notify his or her employees in writing of any changes to the infor- mation set forth in subdivision one of this section, at least seven calendar days prior to the time of such changes, unless such changes are reflected on the wage statement furnished in accordance with subdivision three of this section. THE FAILURE OF AN EMPLOYER TO PRODUCE THE WRITTEN TERMS OF EMPLOYMENT AS REQUIRED UNDER THIS SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION, UPON REQUEST OF THE COMMISSIONER OR AN EMPLOYEE, SHALL GIVE RISE TO A PRESUMPTION THAT THE TERMS OF EMPLOYMENT THAT THE EMPLOYEE HAS PRESENTED ARE THE AGREED TERMS OF EMPLOYMENT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09387-01-3
co-Sponsors
Angelo Santabarbara
Manny De Los Santos
Karines Reyes
Juan Ardila
2023-A5348A (ACTIVE) - Details
- See Senate Version of this Bill:
- S4973
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§190, 195, 198-b & 198-c, Lab L
2023-A5348A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5348--A 2023-2024 Regular Sessions I N A S S E M B L Y March 7, 2023 ___________ Introduced by M. of A. SIMON, SANTABARBARA, DE LOS SANTOS, REYES -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to payment of wages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "wage payment integrity act". § 2. Subdivision 1 of section 190 of the labor law, as amended by chapter 328 of the laws of 1972, is amended to read as follows: 1. "Wages" means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. The term "wages" also includes ANY EMPLOYMENT COMPENSATION THAT IS NOT PAYABLE AT THE EMPLOYER'S SOLE AND ABSOLUTE DISCRETION AND benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article. FOR A BONUS OR OTHER FORM OF EMPLOYMENT COMPENSATION TO BE EXCLUDED FROM "WAGES", THE EMPLOYER MUST NOTIFY THE EMPLOYEE IN A CLEAR, PROMINENT, TIMELY AND UNCONTRADICTED FASHION THAT THE EMPLOYER HAS SOLE AND ABSOLUTE DISCRETION TO DECIDE WHETHER OR NOT TO PAY IT. § 3. Subdivision 2 of section 195 of the labor law, as amended by chapter 564 of the laws of 2010, is amended to read as follows: 2. notify his or her employees in writing of any changes to the infor- mation set forth in subdivision one of this section, at least seven calendar days prior to the time of such changes, unless such changes are reflected on the wage statement furnished in accordance with subdivision three of this section. THE FAILURE OF AN EMPLOYER TO PRODUCE THE WRITTEN TERMS OF EMPLOYMENT AS REQUIRED UNDER THIS SUBDIVISION AND SUBDIVISION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09387-03-3
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