Authorizes employers to apply to commissioner of labor for exemption from requirement of paying workers weekly if such employers satisfy certain criteria; removes language which would require employers to pay workers weekly if the employer has employed less than one thousand persons in this state.
STATE OF NEW YORK
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2864
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. KOLB -- Multi-Sponsored by -- M. of A. RABBITT --
read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to authorizing certain
employers of manual workers to pay wages less frequently than weekly
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subparagraph (ii) of paragraph a
2 of subdivision 1 of section 191 of the labor law, as amended by chapter
3 168 of the laws of 1993, is amended to read as follows:
4 The commissioner may authorize an employer [which has in the three
5 years preceding the application employed an average of one thousand or
6 more persons in this state or has for one year preceding the application
7 employed an average of one thousand or more persons in this state and
8 has for three years preceding the application employed an average of
9 three thousand or more persons outside the state] to pay less frequently
10 than weekly but not less frequently than semi-monthly if the employer
11 furnishes satisfactory proof to the commissioner of its continuing abil-
12 ity to meet its payroll responsibilities. In making this determination
13 the commissioner shall consider the following: (A) the employer's histo-
14 ry meeting its payroll responsibilities in New York state or if no such
15 history in New York state is available, other financial information, as
16 requested by the commissioner, which will assist the commissioner in
17 determining the likelihood of the employer's continuing ability to meet
18 payroll responsibilities; (B) proof of the employer's coverage for work-
19 ers' compensation and disability; (C) proof that there are no outstand-
20 ing warrants of the department of taxation and finance or the department
21 [of labor] against the employer for failure to remit state personal
22 income tax withholdings or unemployment insurance contributions; and (D)
23 proof that the employer has a computerized record keeping system for
24 payroll which, at a minimum, specifies hours worked, rate of pay, gross
25 wages, deductions and date of pay for each employee. If the employers'
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03757-01-9
A. 2864 2
1 manual workers are represented by a labor organization, the commissioner
2 shall not grant an employer's application for authorization under this
3 subparagraph unless that labor organization consents thereto.
4 § 2. This act shall take effect immediately.
