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A04283 Summary:

COSPNSRCruz, DeStefano, Epstein, Reyes, Simon
Amd §190, add §193-a, Lab L
Includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared; relates to the forfeit of wages.
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A04283 Actions:

02/14/2023referred to labor
01/03/2024referred to labor
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A04283 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2023
        Introduced  by M. of A. STECK, CRUZ, DeSTEFANO, EPSTEIN, REYES, SIMON --
          read once and referred to the Committee on Labor
        AN ACT to amend the labor law, in relation to  including  bonus  compen-
          sation in the definition of wages and forfeit of wages
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 190 of the labor law,  as  amended
     2  by  chapter 328 of the laws of 1972, is amended and a new subdivision 10
     3  is added to read as follows:
     4    1. "Wages" means the earnings of an employee  for  labor  or  services
     5  rendered,  regardless of whether the amount of earnings is determined on
     6  a time, piece, commission, bonus, or other basis. The term "wages"  also
     7  includes  benefits or wage supplements as defined in section one hundred
     8  ninety-eight-c of this article, except for the purposes of sections  one
     9  hundred ninety-one and one hundred ninety-two of this article.
    10    10.    "Bonus" constitutes wages as defined in subdivision one of this
    11  section, regardless of the source of revenue, when (a) the formula under
    12  which a bonus is determined is certain and  all  the  data  utilized  in
    13  calculating  the amount of a bonus under the formula is available to the
    14  employer or (b) when the amount of a bonus  has  been  declared  by  the
    15  employer.
    16    § 2. The labor law is amended by adding a new section 193-a to read as
    17  follows:
    18    §  193-a.  Wages non-forfeitable. All wages covered under this article
    19  shall be non-forfeitable once the amount of the wage  is  known  or  can
    20  with reasonable certainty be known.
    21    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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