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A06796 Summary:

BILL NOA06796
 
SAME ASSAME AS S05572
 
SPONSORBurgos
 
COSPNSRSayegh
 
MLTSPNSR
 
Amd 190, 192 & 198-c, Lab L
 
Increases the threshold for applicability of wage payment protections for certain persons employed in a bona fide executive, administrative, or professional capacity, from $900 to $1,300 per week.
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A06796 Actions:

BILL NOA06796
 
05/08/2023referred to labor
05/22/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.271
05/24/2023ordered to third reading rules cal.271
05/30/2023substituted by s5572
 S05572 AMEND= GOUNARDES
 03/08/2023REFERRED TO LABOR
 04/25/20231ST REPORT CAL.654
 04/26/20232ND REPORT CAL.
 05/01/2023ADVANCED TO THIRD READING
 05/16/2023PASSED SENATE
 05/16/2023DELIVERED TO ASSEMBLY
 05/16/2023referred to labor
 05/30/2023substituted for a6796
 05/30/2023ordered to third reading rules cal.271
 06/07/2023passed assembly
 06/07/2023returned to senate
 09/07/2023DELIVERED TO GOVERNOR
 09/15/2023SIGNED CHAP.433
 03/08/2023REFERRED TO LABOR
 04/25/20231ST REPORT CAL.654
 04/26/20232ND REPORT CAL.
 05/01/2023ADVANCED TO THIRD READING
 05/16/2023PASSED SENATE
 05/16/2023DELIVERED TO ASSEMBLY
 05/16/2023referred to labor
 05/30/2023substituted for a6796
 05/30/2023ordered to third reading rules cal.271
 06/07/2023passed assembly
 06/07/2023returned to senate
 09/07/2023DELIVERED TO GOVERNOR
 09/15/2023SIGNED CHAP.433
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A06796 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6796
 
SPONSOR: Burgos
  TITLE OF BILL: An act to amend the labor law, in relation to increasing the earnings threshold for the applicability of certain provisions of law relating to the payment of wages   PURPOSE OR GENERAL IDEA OF BILL: To update the.wage limits beyond which executive, administrative, or professional employees cannot seek help from the Department of Labor in recovering owed compensation   SUMMARY OF PROVISIONS: Section one of the bill amends subdivision seven of section 190 of the Labor Law to amend the definition of.bona fide executive, administra- tive, or professional employees who are excluded from the ' definition of "clerical and other worker." Section two of the bill amends subdivision two of section 192 of the Labor Law, relating to the cash payment of wages, to amend the defi- nition of bona fide executive, administrative, or professional employees excluded from such section. Section three of the bill amends subdivision three of section 198-c of the Labor Law, creating a misdemeanor for failure to pay wages within 30 days, to amend the definition of bona fide executive,. administrative, or professional employees excluded from such section. Section four sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: New York's wage theft statute, captured in Article 6 of the Labor Law, prohibits the unauthorized withholding of wages for all employees in the state. Aggrieved workers can bring a private action against their employer within six years of the alleged wage theft (Labor Law § 198(3)), and employers may be liable for civil penalties of $250 a day for each day that they don't pay, capped at $5,000 (Labor Law § 198(1-d)). Certain lower-income workers, however, have an additional layer of protection: Labor Law § 191(d) dictates that clerical and other workers, defined largely as any employee besides an executive, adminis- trative, or professional one making more than nine hundred dollars a week, be paid at least twice a month. Section 198-c of the Labor Law creates a misdemeanor for employers who fail to pay wages within thirty days but excludes employees making over $900 a week from its provisions. Additionally, the Department of Labor (DOL)'s Labor Standards office refuses wage theft claims from executive, administrative, or professional employees making more than $900 a week, meaning these victims are left only to fend for themselves in the civil court system if they wish to be properly compensated for their labor. DOL's inflexible approach to Article 6 enforcement stands in stark contrast to what occurs in neighboring states like New Jersey, which accepts all wage theft claims regardless of salary. New York last updated its $900-a-week wage theft threshold in Ch. 304 of 2007, when it declared "(s)ince the last increase in the weekly wage threshold, to $600 in 1992, the average weekly wage in New York State has increased considerably. This proposal would increase the weekly wage threshold to $900, which more accurately reflects the current average weekly wage in the State. It will also expand the Department's jurisdiction, enabling the Department to investigate- and recover wages for more individuals." Nine hundred dollars a week in 2007, or $46,800 a year, would be worth approximately $1,300 a week, or $67,600 a year, today. This bill updates the antiquated dollar amount associated with lower-income, more vulner- able employees to ensure that they are provided the full protections of Article 6. In an era of sky-high inflation, it is only appropriate that the legislature seek to ensure that sixteen-year-old monetary thresh- olds, such as that in Labor.Law § 190(7), are appropriately amended to reflect our current economic reality.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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A06796 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6796
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Labor
 
        AN  ACT  to  amend the labor law, in relation to increasing the earnings
          threshold for the applicability of certain provisions of law  relating
          to the payment of wages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 7 of section 190 of the labor law,  as  amended
     2  by chapter 304 of the laws of 2007, is amended to read as follows:
     3    7.  "Clerical and other worker" includes all employees not included in
     4  subdivisions four, five and six  of  this  section,  except  any  person
     5  employed in a bona fide executive, administrative or professional capac-
     6  ity  whose  earnings  are in excess of [nine] one thousand three hundred
     7  dollars a week.
     8    § 2. Subdivision 2 of section 192 of the labor law as amended by chap-
     9  ter 304 of the laws of 2007, is amended to read as follows:
    10    2. This section shall not apply to any person employed in a bona  fide
    11  executive,  administrative,  or professional capacity whose earnings are
    12  in excess of [nine] one thousand three hundred dollars a  week,  nor  to
    13  employees working on a farm not connected with a factory.
    14    §  3.  Subdivision  3  of section 198-c of the labor law as amended by
    15  chapter 304 of the laws of 2007, is amended to read as follows:
    16    3. This section shall not apply to any person in a  bona  fide  execu-
    17  tive,  administrative,  or  professional  capacity whose earnings are in
    18  excess of [nine] one thousand three hundred dollars a week.
    19    § 4. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10062-01-3
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