Requires employers to pay employees who are manual workers no less than semi-monthly; provides that there is no civil penalty against an employer by an employee who unknowingly violates such provisions; authorizes the commissioner to levy a civil penalty against employers who violate such provisions.
STATE OF NEW YORK
________________________________________________________________________
7744
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to the frequency of payment
of wages for certain employees
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 income
22 tax withholdings or unemployment insurance contributions; and (D) proof
23 that the employer has a computerized record keeping system for payroll
24 which, at a minimum, specifies hours worked, rate of pay, gross wages,
25 deductions and date of pay for each employee. If the employers' manual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10434-01-3
A. 7744 2
1 workers are represented by a labor organization, the commissioner shall
2 not grant an employer's application for authorization under this subpar-
3 agraph unless that labor organization consents thereto.
4 § 2. Section 191 of the labor law is amended by adding two new subdi-
5 visions 4 and 5 to read as follows:
6 4. Notwithstanding any other provision of law or regulation to the
7 contrary, in the absence of fraud or bad faith, there shall be no civil
8 liability on the part of and no cause of action against an employer by
9 an employee who unknowingly violates the provisions of this section.
10 5. The commissioner may levy a civil penalty not to exceed twenty-five
11 dollars per employee against any employer knowingly in violation of the
12 provisions of this section.
13 § 3. This act shall take effect immediately.
