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A02222 Summary:

BILL NOA02222A
 
SAME ASSAME AS S02236-A
 
SPONSORSimon
 
COSPNSRSantabarbara, De Los Santos, Reyes, McDonough, McMahon
 
MLTSPNSR
 
Amd §§190, 195 & 198-c, Lab L
 
Amends provisions relating to payment of wages to include compensation that is not payable solely at the employer's discretion; requires certain notices.
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A02222 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2222--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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:
 
     1    Section  1.  This  act  shall  be  known and may be cited as the "wage
     2  payment integrity act".
     3    § 2. Subdivision 1 of section 190 of the  labor  law,  as  amended  by
     4  chapter 328 of the laws of 1972, is amended to read as follows:
     5    1.  "Wages"  means  the  earnings of an employee for labor or services
     6  rendered, regardless of whether the amount of earnings is determined  on
     7  a time, piece, commission or other basis. The term "wages" also includes
     8  any  employment  compensation that is not payable at the employer's sole
     9  and absolute discretion and benefits or wage supplements as  defined  in
    10  section  one  hundred  ninety-eight-c  of  this  article, except for the
    11  purposes of sections one hundred ninety-one and one  hundred  ninety-two
    12  of  this article.   For a bonus or other form of employment compensation
    13  to be excluded from "wages", the employer must notify the employee in  a
    14  clear,  prominent,  timely  and uncontradicted fashion that the employer
    15  has sole and absolute discretion to decide whether or not to pay it.
    16    § 3. Subdivision 2 of section 195 of the  labor  law,  as  amended  by
    17  chapter 564 of the laws of 2010, is amended to read as follows:
    18    2.  notify  [his  or  her] such employer's employees in writing of any
    19  changes to the information set forth in subdivision one of this section,
    20  at least seven calendar days prior to the time of such  changes,  unless
    21  such changes are reflected on the wage statement furnished in accordance
    22  with  subdivision  three  of this section. The failure of an employer to
    23  produce the written terms of employment as required under this  subdivi-
    24  sion  and  subdivision  one of this section, upon request of the commis-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04692-02-5

        A. 2222--A                          2
 
     1  sioner or an employee, shall give rise to a presumption that  the  terms
     2  of  employment  that  the employee has presented are the agreed terms of
     3  employment;
     4    § 4. Subdivision 3 of section 198-c of the labor law,  as  amended  by
     5  chapter 433 of the laws of 2023, is amended to read as follows:
     6    3.  [This] The criminal penalties prescribed by this section shall not
     7  apply to any person in a bona fide executive, administrative, or profes-
     8  sional capacity whose earnings are  in  excess  of  one  thousand  three
     9  hundred dollars a week.
    10    §  5.  This act shall take effect immediately and apply to all actions
    11  filed on or after such effective date.
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