S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2222
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by M. of A. SIMON, SANTABARBARA, DE LOS SANTOS, REYES, McDO-
   NOUGH, McMAHON -- 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] SUCH EMPLOYER'S employees in writing of any
 changes to the information 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  SUBDIVI-
 SION  AND  SUBDIVISION  ONE OF THIS SECTION, UPON REQUEST OF THE COMMIS-
 SIONER OR AN EMPLOYEE, SHALL GIVE RISE TO A PRESUMPTION THAT  THE  TERMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04692-01-5
 A. 2222                             2
              

 
 OF  EMPLOYMENT  THAT  THE EMPLOYEE HAS PRESENTED ARE THE AGREED TERMS OF
 EMPLOYMENT;
   §  4.  Subdivision  5  of  section 198-b of the labor law, as added by
 chapter 1031 of the laws of 1965 and as renumbered by chapter 390 of the
 laws of 1967, is amended to read as follows:
   5. A violation of the provisions of this section  shall  constitute  a
 misdemeanor.  PERSONS  VIOLATING  THE PROVISIONS OF THIS SECTION ARE NOT
 EXEMPT FROM CIVIL  LIABILITY  UNDER  SUBDIVISIONS  ONE-A  AND  THREE  OF
 SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   § 5. Subdivision 3 of section 198-c of the labor law,  as  amended  by
 chapter 433 of the laws of 2023, is amended to read as follows:
   3.  [This] THE CRIMINAL PENALTIES PRESCRIBED BY THIS section shall not
 apply to any person in a bona fide executive, administrative, or profes-
 sional capacity whose earnings are  in  excess  of  one  thousand  three
 hundred dollars a week.
   §  6.  This act shall take effect immediately and apply to all actions
 filed on or after such effective date.