Legislation
SECTION 198-B
"Kick-back" of wages prohibited
Labor (LAB) CHAPTER 31, ARTICLE 6
§ 198-b. "Kick-back" of wages prohibited. 1. As used in this section,
the term "person" shall include any firm, partnership, association,
corporation or group of persons.
2. Whenever any employee who is engaged to perform labor shall be
promised an agreed rate of wages for his or her services, be such
promise in writing or oral, or shall be entitled to be paid or provided
prevailing wages or supplements pursuant to article eight or nine of
this chapter, it shall be unlawful for any person, either for that
person or any other person, to request, demand, or receive, either
before or after such employee is engaged, a return, donation or
contribution of any part or all of said employee's wages, salary,
supplements, or other thing of value, upon the statement,
representation, or understanding that failure to comply with such
request or demand will prevent such employee from procuring or retaining
employment. Further, any person who directly or indirectly aids,
requests or authorizes any other person to violate any of the provisions
of this section shall be guilty of a violation of the provisions of this
section.
3. Whenever an agreement between a bona fide labor organization and an
employer or an association of employers requires that employees shall be
paid an agreed wage or rate of wages for their services, it shall be
unlawful for any person, either for that person or any other person, to
request, demand or receive, either before or after such employee is
engaged, that such employee pay back, return, donate, contribute or give
any part or all of said employee's wages, salary, supplements or thing
of value, to any person, upon the statement, representation or
understanding that failure to comply with such requests or demand will
prevent such employee from procuring or retaining employment, and any
person who directly or indirectly aids, requests or authorizes any other
person to violate any of the provisions of this section shall be guilty
of a violation of the provisions of this section.
4. The provisions of this section shall not apply to any agent or
representative of a duly constituted labor organization acting in the
collection of dues or assessments of such organization.
5. A violation of the provisions of this section shall constitute a
misdemeanor.
the term "person" shall include any firm, partnership, association,
corporation or group of persons.
2. Whenever any employee who is engaged to perform labor shall be
promised an agreed rate of wages for his or her services, be such
promise in writing or oral, or shall be entitled to be paid or provided
prevailing wages or supplements pursuant to article eight or nine of
this chapter, it shall be unlawful for any person, either for that
person or any other person, to request, demand, or receive, either
before or after such employee is engaged, a return, donation or
contribution of any part or all of said employee's wages, salary,
supplements, or other thing of value, upon the statement,
representation, or understanding that failure to comply with such
request or demand will prevent such employee from procuring or retaining
employment. Further, any person who directly or indirectly aids,
requests or authorizes any other person to violate any of the provisions
of this section shall be guilty of a violation of the provisions of this
section.
3. Whenever an agreement between a bona fide labor organization and an
employer or an association of employers requires that employees shall be
paid an agreed wage or rate of wages for their services, it shall be
unlawful for any person, either for that person or any other person, to
request, demand or receive, either before or after such employee is
engaged, that such employee pay back, return, donate, contribute or give
any part or all of said employee's wages, salary, supplements or thing
of value, to any person, upon the statement, representation or
understanding that failure to comply with such requests or demand will
prevent such employee from procuring or retaining employment, and any
person who directly or indirectly aids, requests or authorizes any other
person to violate any of the provisions of this section shall be guilty
of a violation of the provisions of this section.
4. The provisions of this section shall not apply to any agent or
representative of a duly constituted labor organization acting in the
collection of dues or assessments of such organization.
5. A violation of the provisions of this section shall constitute a
misdemeanor.