NY State Senate Bill 2023-S8451

Senate Bill S8451

2023-2024 Legislative Session

Provides that the commissioner of labor shall notify the chairman of the state liquor authority of certain violations of the labor law

download bill text pdf

Current Bill Status - In Senate Committee Labor 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2024	referred to labor

2023-S8451 (ACTIVE) - Details

See Assembly Version of this Bill:: A9033
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §219, Lab L; amd §119, ABC L

2023-S8451 (ACTIVE) - Summary

Provides that the commissioner of labor shall notify the chairman of the state liquor authority of certain violations of the labor law relating to wages and hours of labor; provides that the chairman of the state liquor authority shall suspend certain liquor licenses of such employers in violation of such provisions.

2023-S8451 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8451

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law and the alcoholic beverage control law, in
relation to suspending certain liquor licenses of employers who are in
violation of certain provisions of the labor law

 
PURPOSE:

Amends the labor and the alcoholic beverages control law to suspend
certain liquor licenses of employers violating certain provisions of the
labor law.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the opening paragraph of Subdivision 1 of Section 219
of the labor law stating that if the commissioner determines that an
employer has not paid required wages, benefits, or wage supplements, the
commissioner shall issue the employer an order of compliance addressing
the violation. This order of compliance shall result in payment of

outstanding wage, or the commissioner shall notify the State Liquor
Authority of such violation.

Section 2. Amends Section 119 of the alcoholic beverage control law to
suspend licenses that violate worker protection legislation, exceeding
an aggregate amount of one thousand dollars, as determined by the
Department of Labor.

Section 3. This act shall take effect immediately

 
JUSTIFICATION:

Every year in New York State, thousands of workers have their wages
stolen, very predominately from the restaurant industry. From 2017
through 2021, Federal and State investigators found more than 13,000
cases of wage theft, according to an analysis of two databases obtained
from the U.S. and New York Labor departments. The databases provide
previously unreported details on how much money has been stolen from
workers and also shed light on which businesses have committed wage
theft. In all, federal and state investigators determined during the
five-year period that more than $203 million in wages had been stolen
from about 127,000 workers in New York, the analysis shows.

Federal and State investigators determined that more than $52 million
had been stolen from people working in restaurants, more than in any
other industry in New York, accounting for more than 25% of all reported
wage theft, the analysis shows. This bill is needed to act as a preven-
tative measure and increase the likelihood that victims of wage theft
will be able to secure payment of wages due from their employers.

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8451 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8451
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the alcoholic beverage control law, in
   relation to suspending certain liquor licenses of employers who are in
   violation of certain provisions of the labor law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 219 of the labor law, as amended
 by chapter 564 of the laws of 2010, the  opening  paragraph  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   1. (A) (I) If the commissioner determines that an employer has  failed
 to  pay wages, benefits or wage supplements required pursuant to article
 six (payment of wages), article nineteen (minimum wage act)  or  article
 nineteen-A  (minimum  wage  standards and protective labor practices for
 farm workers) of this chapter, or a rule or regulation promulgated ther-
 eunder, the commissioner shall issue to the employer an order  directing
 compliance  therewith,  which  shall describe particularly the nature of
 the alleged violation. A copy of such order shall  be  provided  to  any
 employee  who  has filed a complaint and to his or her authorized repre-
 sentative. Such order shall direct payment of wages or supplements found
 to be due, liquidated damages in the amount of one  hundred  percent  of
 unpaid  wages,  and  interest  at the rate of interest then in effect as
 prescribed by the  superintendent  of  financial  services  pursuant  to
 section  fourteen-a  of  the  banking law per annum from the date of the
 underpayment to the date of the payment.
   (II) At the discretion of the  commissioner,  the  commissioner  shall
 have  full  authority  to  provide for inclusion of an automatic fifteen
 percent additional amount of damages to come due and owing upon  expira-
 tion  of ninety days from an order to comply becoming final. The commis-
 sioner shall provide written notice to the  employer  in  the  order  to
 comply of this additional damage.
   (B)(I)  IF THE COMMISSIONER DETERMINES THE EMPLOYER IS IN VIOLATION OF
 ARTICLE SIX (PAYMENT OF WAGES), ARTICLE  NINETEEN  (MINIMUM  WAGE  ACT),
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10412-02-4
 S. 8451                             2
 
 ARTICLE  NINETEEN-A  (MINIMUM  WAGE STANDARDS AND PROTECTIVE LABOR PRAC-
 TICES FOR FARM WORKERS),  SECTION  TWO  HUNDRED  TWELVE-A,  SECTION  TWO
 HUNDRED  TWELVE-B,  SECTION ONE HUNDRED SIXTY-ONE OR SECTION ONE HUNDRED
 SIXTY-TWO  OF  THIS  CHAPTER, OR A RULE OR REGULATION PROMULGATED THERE-
 UNDER, AND SUCH AGGREGATE  AMOUNT  EXCEEDS  ONE  THOUSAND  DOLLARS,  THE
 COMMISSIONER  SHALL  NOTIFY  THE EMPLOYER OF SUCH VIOLATION, IN WRITING,
 AND SUCH EMPLOYER SHALL HAVE FIFTEEN DAYS TO ADDRESS ALL VIOLATIONS.  IF
 THE  EMPLOYER  DOES  NOT  ADDRESS  ALL  VIOLATIONS  WITHIN  THE ALLOTTED
 FIFTEEN-DAY PERIOD, THE COMMISSIONER SHALL NOTIFY THE CHAIR OF THE STATE
 LIQUOR AUTHORITY, IN WRITING, OF THE NAME AND ADDRESS  OF  ANY  EMPLOYER
 HOLDING A LICENSE PURSUANT TO SECTION SIXTY-FOUR OF THE ALCOHOLIC BEVER-
 AGE CONTROL LAW AUTHORIZING THE SALE OF LIQUOR AT RETAIL FOR CONSUMPTION
 ON THE PREMISES TO SUSPEND SUCH LICENSE.
   (II)  THE  CHAIRMAN OF THE STATE LIQUOR AUTHORITY SHALL ACT IN ACCORD-
 ANCE WITH SECTIONS ONE HUNDRED EIGHTEEN AND ONE HUNDRED NINETEEN OF  THE
 ALCOHOLIC  BEVERAGE  CONTROL  LAW;  PROVIDED, HOWEVER, THAT THE CHAIRMAN
 SHALL NOT REINSTATE A LICENSE SUSPENDED PURSUANT TO SUBPARAGRAPH (I)  OF
 THIS  PARAGRAPH UNTIL THE CHAIR RECEIVES WRITTEN NOTICE FROM THE COMMIS-
 SIONER THAT THE EMPLOYER WHOSE LICENSE WAS SUSPENDED  IS  IN  COMPLIANCE
 WITH  ARTICLE  SIX  (PAYMENT  OF  WAGES), ARTICLE NINETEEN (MINIMUM WAGE
 ACT), ARTICLE NINETEEN-A (MINIMUM WAGE STANDARDS  AND  PROTECTIVE  LABOR
 PRACTICES  FOR  FARM WORKERS), SECTION TWO HUNDRED TWELVE-A, SECTION TWO
 HUNDRED TWELVE-B, SECTION ONE HUNDRED SIXTY-ONE OR SECTION  ONE  HUNDRED
 SIXTY-TWO OF THIS CHAPTER, AND ANY RULE OR REGULATION PROMULGATED THERE-
 UNDER.
   §  2.  Section 119 of the alcoholic beverage control law is amended by
 adding a new subdivision 6 to read as follows:
   6. WHERE A LICENSEE IS FOUND TO  BE  IN  VIOLATION  OF  ARTICLE    SIX
 (PAYMENT  OF  WAGES), ARTICLE NINETEEN (MINIMUM WAGE ACT), ARTICLE NINE-
 TEEN-A (MINIMUM WAGE STANDARDS AND PROTECTIVE LABOR PRACTICES  FOR  FARM
 WORKERS),  SECTION  TWO  HUNDRED TWELVE-A, SECTION TWO HUNDRED TWELVE-B,
 SECTION ONE HUNDRED SIXTY-ONE OR SECTION  ONE HUNDRED SIXTY-TWO  OF  THE
 LABOR  LAW,  OR  ANY RULE OR REGULATION PROMULGATED THEREUNDER, AND SUCH
 AGGREGATE AMOUNT EXCEEDS ONE THOUSAND  DOLLARS,  AS  DETERMINED  BY  THE
 DEPARTMENT  OF  LABOR AND THE CHAIR OF THE AUTHORITY IS NOTIFIED OF SUCH
 VIOLATIONS, THE AUTHORITY SHALL SUSPEND SUCH LICENSE IN ACCORDANCE  WITH
 THIS  SECTION  AND  THE  PROVISIONS  OF  SUBDIVISION  ONE OF SECTION TWO
 HUNDRED NINETEEN OF THE LABOR LAW.
   § 3. This act shall take effect immediately.

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