S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7485
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the labor law, in relation to wage claims for manual
   workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1-a of section 198 of the labor law, as amended
 by chapter 362 of the laws of 2015, is amended to read as follows:
   1-a.  On behalf of any employee paid less than the wage to which he or
 she is entitled under the provisions of this article,  the  commissioner
 may  bring  any legal action necessary, including administrative action,
 to collect such claim and as part of such legal action, in  addition  to
 any other remedies and penalties otherwise available under this article,
 the  commissioner  shall  assess against the employer the full amount of
 any such underpayment, and an additional amount as  liquidated  damages,
 unless  the  employer  proves  a good faith basis for believing that its
 underpayment of wages was in compliance with the law, PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  A  VIOLATION
 OF  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-ONE OF
 THIS ARTICLE, PROVIDED THAT THE EMPLOYER HAD MADE FULL PAYMENT OF  WAGES
 WITHIN  FOURTEEN  CALENDAR  DAYS  AFTER THE END OF THE WEEK IN WHICH THE
 WAGES WERE EARNED, EXCEPT IN INSTANCES WHERE AN EMPLOYER WAS SUBJECT  TO
 A  COMMISSIONER'S  ORDER ISSUED PURSUANT TO SECTION TWO HUNDRED EIGHTEEN
 OF THIS CHAPTER TO COMPLY WITH SECTION ONE HUNDRED  NINETY-ONE  OF  THIS
 ARTICLE.  Liquidated  damages shall be calculated by the commissioner as
 no more than one hundred percent of the total amount of wages  found  to
 be  due,  except  such  liquidated  damages  may  be up to three hundred
 percent of the total amount of the wages found to be due for  a  willful
 violation  of  section  one  hundred ninety-four of this article. In any
 action instituted in the courts upon a wage claim by an employee or  the
 commissioner  in which the employee prevails, the court shall allow such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10496-01-3
              

 A. 7485                             2
 
 employee to recover the full amount of any underpayment, all  reasonable
 attorney's  fees, prejudgment interest as required under the civil prac-
 tice law and rules, and, unless the employer proves a good  faith  basis
 to  believe  that  its  underpayment of wages was in compliance with the
 law, an additional amount as liquidated damages  equal  to  one  hundred
 percent  of  the  total amount of the wages found to be due, except such
 liquidated damages may be up to  three  hundred  percent  of  the  total
 amount  of  the wages found to be due for a willful violation of section
 one hundred ninety-four of this article.
   § 2. This act shall take effect immediately.